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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 22, 2025 |
referred to finance |
Senate Bill S3006
2025-2026 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S3006 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3006
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3006 (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2025-2026 state fiscal year; relates to contracts for excellence; calculation of state aid to school districts; relates to a statewide dual enrollment policy
2025-S3006 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3006 A. 3006
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to the establishment of a state-
wide dual enrollment policy; to amend the education law, in relation
to allowable transportation expenses; to amend the education law, in
relation to universal pre-kindergarten and the Statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to state aid adjustments; to amend the education law, in
relation to the apportionment of moneys for school aid; to amend chap-
ter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to reimbursement for the 2025-2026 school
year withholding a portion of employment preparation education aid and
in relation to the effectiveness thereof; to amend the education law,
in relation to maximum class sizes for special classes for certain
students with disabilities; to amend chapter 82 of the laws of 1995
amending the education law and other laws relating to state aid to
school districts and the appropriation of funds for the support of
government, in relation to the effectiveness thereof; providing for
special apportionment for salary expenses; providing for special
apportionment for public pension accruals; providing for set-asides
from the state funds which certain districts are receiving from the
total foundation aid; providing for support of public libraries; and
to repeal certain provisions of the education law relating to calcu-
lation of school aid (Part A); to amend the education law, in relation
to establishing a universal free school meals program; and to repeal
section 925 of the education law relating to the community eligibility
provision state subsidy (Part B); to amend the education law, in
relation to student use of internet-enabled devices during the school
day (Part C); to amend the education law in relation to scholarships
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-01-5
S. 3006 2 A. 3006
awarded to part-time students by the New York state higher education
services corporation; to amend the education law, in relation to
making conforming changes; to repeal section 666 of the education law,
relating to tuition awards for part-time undergraduate students; and
to repeal section 667-c-1 of the education law relating to the New
York state part-time scholarship award program (Part D); to amend the
education law, in relation to excelsior scholarship awarded to
students by the New York state higher education services corporation
(Part E); to amend the education law, in relation to creating a New
York opportunity promise scholarship (Part F); to amend the executive
law and the state finance law, in relation to discriminatory practices
by real estate appraisers and further fair housing compliance (Part
G); to amend the general business law, in relation to prohibiting
collusion through the use of algorithmic devices that enable landlords
to unfairly artificially inflate rents or hold units vacant (Part H);
to amend the general obligations law, in relation to extending exist-
ing security deposit protections to rent regulated tenants (Part I);
to amend the real property actions and proceedings law, in relation to
determining when a dwelling is abandoned (Part J); to amend the real
property tax law, in relation to a tax exemption for residential real
property transferred to a low-income household or community land trust
(Part K); to amend the private housing finance law, in relation to
reduction of taxes pursuant to shelter rent (Part L); to amend the
real property tax law, in relation to the applicability of the resi-
dential redevelopment inhibited property exemption to all localities
in the state (Part M); to utilize reserves in the mortgage insurance
fund for various housing purposes (Part N); to amend part N of chapter
56 of the laws of 2020, amending the social services law relating to
restructuring financing for residential school placements, in relation
to the effectiveness thereof (Part O); to amend the social services
law, in relation to certification of child care support centers to
place substitute caregivers in licensed and registered child care
programs (Part P); to amend the social services law, in relation to
improving maternal and infancy health by increasing public assistance
allowances to certain persons (Part Q); to amend the social services
law, in relation to increasing the standards of monthly need for aged,
blind and disabled persons living in the community (Part R); to amend
part W of chapter 54 of the laws of 2016 amending the social services
law relating to the powers and duties of the commissioner of social
services relating to the appointment of a temporary operator, in
relation to the effectiveness thereof (Part S); to amend the labor
law, in relation to revising the healthy terminals act (Part T); to
amend the labor law, in relation to limiting liquidated damages in
certain frequency of pay violations (Part U); to amend the labor law,
in relation to civil penalties for violations of certain provisions
for the payment of wages (Part V); to amend the labor law and the
penal law, in relation to the civil and criminal penalties for
violations of child labor laws (Part W); to amend the labor law and
the education law, in relation to digitizing the process by which
minors apply for employment certificates or working papers; and to
repeal certain provisions of the labor law relating thereto (Part X);
to amend the veterans' services law, in relation to annuity to be paid
to parents, spouses, and minor children of service members who died
while on active duty (Part Y); to amend the executive law, in relation
to the requirements for filing a complaint with the division of human
rights; and to amend the state finance law, in relation to establish-
S. 3006 3 A. 3006
ing a discrimination complaints escrow fund (Part Z); and to require
the submission of an annual report on the New York state museum (Part
AA)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state education, labor, housing and family
assistance budget for the 2025-2026 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through AA. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
S. 3006 4 A. 3006
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
S. 3006 5 A. 3006
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-one--two thousand twenty-two school year;
and provided further that, a school district that submitted a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty-two--
two thousand twenty-three school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year, unless all
schools in the district are identified as in good standing, shall submit
a contract for excellence for the two thousand twenty-four--two thousand
twenty-five school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-three--two thousand twenty-four school year;
AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
FIVE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS
IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
S. 3006 6 A. 3006
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR WHICH SHALL,
NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN
AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR-
-TWO THOUSAND TWENTY-FIVE SCHOOL YEAR; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Paragraph p of subdivision 1 of section 3602 of the education law
is REPEALED.
§ 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
q of subdivision 1 of section 3602 of the education law, as amended by
section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
read as follows:
"Poverty count" shall mean the sum of the product of the [lunch]
ECONOMICALLY DISADVANTAGED STUDENT count multiplied by sixty-five
percent, plus the product of the [census] SAIPE count multiplied by
sixty-five percent, where:
(i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
product of the public school enrollment of the school district on the
date enrollment was counted in accordance with this subdivision for the
base year multiplied by the three-year average [free and reduced price
lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
(ii) ["Census] "SAIPE count" shall mean the product of the public
school enrollment of the school district on the date enrollment was
counted in accordance with this subdivision for the base year multiplied
by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL AREA INCOME AND
POVERTY ESTIMATE rate.
§ 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
of section 3602 of the education law are REPEALED.
§ 5. Paragraph kk of subdivision 1 of section 3602 of the education
law is REPEALED.
§ 6. Paragraph ll of subdivision 1 of section 3602 of the education
law, as added by section 11-a of part A of chapter 56 of the laws of
2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
1 and is amended to read as follows:
S. 3006 7 A. 3006
(iv) (1) "Economically disadvantaged count" shall be equal to the
unduplicated count of all children registered to receive educational
services in grades kindergarten through twelve, including children in
ungraded programs who participate in, or whose family participates in,
economic assistance programs, such as the free or reduced-price lunch
programs, Social Security Insurance, Supplemental Nutrition Assistance
Program, Foster Care, Refugee Assistance (cash or medical assistance),
Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo-
rary Assistance for Needy Families (TANF).
(2) "Economically disadvantaged rate" shall mean the quotient arrived
at when dividing the economically disadvantaged count by public enroll-
ment as computed pursuant to subparagraph one of paragraph n of this
subdivision.
(3) "Three-year average economically disadvantaged rate" shall equal
the quotient of: (i) the sum of the economically disadvantaged count for
the school year prior to the base year, plus such number for the school
year two years prior to the base year, plus such number for the school
year three years prior to the base year; divided by (ii) the sum of
enrollment as computed pursuant to subparagraph one of paragraph n of
THIS subdivision [one of this section] for the school year prior to the
base year, plus such number for the school year two years prior to the
base year, plus such number for the school year three years prior to the
base year, [computed] ROUNDED to four decimals [without rounding].
§ 7. Paragraph mm of subdivision 1 of section 3602 of the education
law is renumbered subparagraph (iii) of paragraph q of such subdivision
1 and is amended to read as follows:
(iii) "Three-year average small area income and poverty estimate rate"
shall equal the quotient of: (i) the sum of the number of persons aged
five to seventeen within the school district, based on the small area
income and poverty estimates produced by the United States census
bureau, whose families had incomes below the poverty level for the
calendar year prior to the year in which the base year began, plus such
number for the calendar year two years prior to the year in which the
base year began, plus such number for the calendar year three years
prior to the year in which the base year began; divided by (ii) the sum
of the total number of persons aged five to seventeen within the school
district, based on such census bureau estimates, for the year prior to
the year in which the base year began, plus such total number for the
year two years prior to the year in which the base year began, plus such
total number for the year three years prior to the year in which the
base year began, [computed] ROUNDED to four decimals [without rounding].
§ 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2008, is amended to read as follows:
(2) a value computed by subtracting from one the product obtained by
multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE COMBINED WEALTH
RATIO BY SIX HUNDRED TWENTY-EIGHT THOUSANDTHS (0.628) AND SUCH VALUES
SHALL BE COMPUTED USING THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID IN PLACE OF THE COMBINED WEALTH RATIO; or
§ 9. The closing paragraph of paragraph g of subdivision 3 of section
3602 of the education law, as amended by section 8 of part A of chapter
56 of the laws of 2024, is amended to read as follows:
S. 3006 8 A. 3006
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, provided, however, that for the purpose of computing the
state sharing ratio for total foundation aid in the two thousand twen-
ty-four--two thousand twenty-five school year[ and thereafter], such
result shall not be greater than ninety-one hundredths (0.91), AND THAT
FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR TOTAL FOUNDA-
TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
HUNDREDTHS (0.93).
§ 10. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph f to read as follows:
F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
TION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 11. The education law is amended by adding a new section 319 to
read as follows:
§ 319. ESTABLISHMENT OF DUAL ENROLLMENT POLICY. 1. FOR PURPOSES OF
THIS SECTION:
(A) "DUAL ENROLLMENT" MEANS ANY PROGRAM THAT IS A PARTNERSHIP BETWEEN
AT LEAST ONE SCHOOL AND AT LEAST ONE INSTITUTION OF HIGHER EDUCATION
THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE OPPORTUNITY TO ENROLL IN
COLLEGE COURSES AND EARN TRANSCRIPTED AND TRANSFERABLE COLLEGE CREDIT
FROM THE INSTITUTION(S) WHILE COMPLETING HIGH SCHOOL GRADUATION AND
DIPLOMA REQUIREMENTS. DUAL ENROLLMENT IS THE UMBRELLA UNDER WHICH EXIST-
ING PROGRAMS LIKE PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOLS
(P-TECH), SMART SCHOLARS, AND SMART TRANSFER FALL.
(B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE DEFI-
NITION OF DUAL ENROLLMENT PROGRAMS AND GUIDELINES FOR PARTICIPATION AND
DATA REPORTING IN NEW YORK STATE.
3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
SUBMIT TO THE DEPARTMENT DATA DEMONSTRATING PARTICIPATION AND SUCCESS IN
DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. THE DEPARTMENT
SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC WEBSITE NO LATER THAN
JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
DATA IS APPLICABLE.
4. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL REQUIRE THAT, BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, ALL
SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM HAVE ON FILE WITH THE
DEPARTMENT A PARTNERSHIP AGREEMENT WITH THE INSTITUTION(S) OF HIGHER
EDUCATION WITH WHICH THEY ARE PARTNERED. SUCH PARTNERSHIP AGREEMENTS
SHALL ESTABLISH THE SCOPE AND TERMS OF THE DUAL ENROLLMENT PROGRAM, AS
WELL AS A PROTOCOL FOR COLLECTING, SHARING, AND REPORTING ANY DATA
REQUIRED BY THE COMMISSIONER PURSUANT TO THIS SECTION. PARTNERSHIP
AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN
SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER. THE PART-
NERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO LESS THAN ONCE
EVERY FIVE YEARS. THE COMMISSIONER SHALL DEVELOP AND MAKE PUBLICLY
S. 3006 9 A. 3006
AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR SHALL JOINTLY
ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
§ 12. Subdivision 4 of section 3627 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2024, is amended
to read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
and otherwise eligible for transportation aid pursuant to subdivision
seven of section thirty-six hundred two of this article shall be consid-
ered approved transportation expenses eligible for transportation aid,
provided further that for the two thousand thirteen--two thousand four-
teen school year such aid shall be limited to eight million one hundred
thousand dollars and for the two thousand fourteen--two thousand fifteen
school year such aid shall be limited to the sum of twelve million six
hundred thousand dollars plus the base amount and for the two thousand
fifteen--two thousand sixteen school year through two thousand eigh-
teen--two thousand nineteen school year such aid shall be limited to the
sum of eighteen million eight hundred fifty thousand dollars plus the
base amount and for the two thousand nineteen--two thousand twenty
school year such aid shall be limited to the sum of nineteen million
three hundred fifty thousand dollars plus the base amount and for the
two thousand twenty--two thousand twenty-one school year such aid shall
be limited to the sum of nineteen million eight hundred fifty thousand
dollars plus the base amount and for the two thousand twenty-two--two
thousand twenty-three school year such aid shall be limited to the sum
of twenty-two million three hundred fifty thousand dollars plus the base
amount and for the two thousand twenty-three--two thousand twenty-four
school year such aid shall be limited to the sum of twenty-four million
eight hundred fifty thousand dollars plus the base amount and for the
two thousand twenty-four--two thousand twenty-five school year [and
thereafter] such aid shall be limited to the sum of twenty-nine million
eight hundred fifty thousand dollars plus the base amount AND FOR THE
TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THERE-
AFTER SUCH AID SHALL BE LIMITED TO THE PRODUCT OF (I) THE MAXIMUM AMOUNT
OF AID AUTHORIZED BY THIS SUBDIVISION FOR THE BASE YEAR, AND (II) THE
SUM OF ONE AND THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX AS
DEFINED IN PARAGRAPH HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS ARTICLE. For purposes of this subdivision, "base amount"
means the amount of transportation aid paid to the school district for
expenditures incurred in the two thousand twelve--two thousand thirteen
school year for transportation that would have been eligible for aid
pursuant to this section had this section been in effect in such school
year, except that subdivision six of this section shall be deemed not to
have been in effect. And provided further that the school district shall
continue to annually expend for the transportation described in subdivi-
sion one of this section at least the expenditures used for the base
amount.
§ 13. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 14 of part A of chapter 56 of the laws of
2024, is amended to read as follows:
S. 3006 10 A. 3006
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-four] TWENTY-FIVE--two thousand
[twenty-five] TWENTY-SIX school year, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the budget for the two thousand twenty--two
thousand twenty-one school year and entitled "SA202-1", and such appor-
tionment shall be deemed to satisfy the state obligation to provide an
apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
§ 14. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 15 of part A of chapter 56 of the
laws of 2024, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-four] TWENTY-FIVE--two thousand [twenty-five] TWENTY-
SIX school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 15. Subdivision 16 of section 3602-ee of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-five] TWENTY-SIX; provided that the program shall continue and
remain in full effect.
§ 16. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
S. 3006 11 A. 3006
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. It is
S. 3006 12 A. 3006
further provided that[, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget] FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEARS, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX STATE FISCAL YEAR AND ENTITLED "BT252-6", AND
FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR-
TY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE
TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THER-
EAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT,
OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND
FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE
PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN
WHICH THE SCHOOL YEAR COMMENCES.
§ 17. The opening paragraph of section 3609-a of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2024, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-four--two thousand twenty-five
school year, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
S. 3006 13 A. 3006
data on file at the time the payment is processed; provided however,
that for the purposes of any payments made pursuant to this section
prior to the first business day of June of the current year, moneys
apportioned shall not include any aids payable pursuant to subdivisions
six and fourteen, if applicable, of section thirty-six hundred two of
this part as current year aid for debt service on bond anticipation
notes and/or bonds first issued in the current year or any aids payable
for full-day kindergarten for the current year pursuant to subdivision
nine of section thirty-six hundred two of this part. The definitions of
"base year" and "current year" as set forth in subdivision one of
section thirty-six hundred two of this part shall apply to this section.
[For aid payable in the two thousand twenty-four--two thousand twenty-
five school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled "SA242-5".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR
EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER
IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED
PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE
CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL
YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS
PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION FIVE OF SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF
THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER
BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO
SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT252-6".
§ 18. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
27 of part A of chapter 56 of the laws of 2024, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
S. 3006 14 A. 3006
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, reimbursement for the 2021--2022 school
year shall not exceed 56.0 percent of the lesser of such approvable
costs per contact hour or sixteen dollars and forty cents per contact
hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
percent of the lesser of such approvable costs per contact hour or
sixteen dollars and sixty cents per contact hour, reimbursement for the
2023--2024 school year shall not exceed 54.7 percent of the lesser of
such approvable costs per contact hour or seventeen dollars and seventy
cents per contact hour, [and] reimbursement for the 2024--2025 school
year shall not exceed 56.6 percent of the lesser of such approvable
costs per contact hour or eighteen dollars and seventy cents per contact
hour, AND REIMBURSEMENT FOR THE 2025--2026 SCHOOL YEAR SHALL NOT EXCEED
58.2 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
NINETEEN DOLLARS AND FIFTY CENTS PER CONTACT HOUR, and where a contact
hour represents sixty minutes of instruction services provided to an
eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
contact hours shall not exceed one million four hundred sixteen thousand
one hundred twenty-two (1,416,122); for the 2022--2023 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); for the 2023--2024 school year such
contact hours shall not exceed one million three hundred forty-two thou-
sand nine hundred seventy-five (1,342,975); [and] for the 2024--2025
school year such contact hours shall not exceed one million two hundred
twenty-eight thousand seven hundred thirty-three (1,228,733); AND FOR
THE 2025--2026 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION FOURTEEN THOUSAND ONE HUNDRED NINE (1,014,109). Notwithstanding
any other provision of law to the contrary, the apportionment calculated
for the city school district of the city of New York pursuant to subdi-
vision 11 of section 3602 of the education law shall be computed as if
such contact hours provided by the consortium for worker education, not
to exceed the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
§ 19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion dd to read as follows:
DD. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2025--2026 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
S. 3006 15 A. 3006
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2025] 2026.
§ 21. Subdivision 6 of section 4402 of the education law, as amended
by section 25 of part A of chapter 56 of the laws of 2024, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-five] TWENTY-SIX, be
authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 22. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 26 of part A of chapter 56 of the laws
of 2024, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
S. 3006 16 A. 3006
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2025] 2026 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2025] 2026;
§ 23. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2026 and not later than the last day of the third full
business week of June 2026, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2026, for salary expenses incurred between April 1 and
June 30, 2025 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (d) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision 1 of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
S. 3006 17 A. 3006
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 24. Special apportionment for public pension accruals. 1. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2026, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2026 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision one of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
S. 3006 18 A. 3006
on a chronological basis starting with the earliest payment due the
district.
§ 25. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
1. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2025--2026 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2025--2026 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2025--2026 school year, it is further provided that any city school
S. 3006 19 A. 3006
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
4. For the purpose of teacher support for the 2025--2026 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 26. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2025 enacting
the aid to localities budget shall be apportioned for the 2025--2026
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2025--2026
by a chapter of the laws of 2025 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 27. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
S. 3006 20 A. 3006
tion of any such clause, sentence, paragraph, subdivision, section, or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 28. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025, provided,
however, that:
1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
twelve, thirteen, fourteen, fifteen, seventeen, twenty-one and twenty-
five of this act shall take effect July 1, 2025; and
2. The amendments to chapter 756 of the laws of 1992 made by sections
eighteen and nineteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 915-a
to read as follows:
§ 915-A. UNIVERSAL FREE SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE
ALL SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE
STATE THAT PARTICIPATE IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT AND THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
AND LUNCH AT NO COST TO THE STUDENT. SCHOOL DISTRICTS, CHARTER SCHOOLS
AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR SCHOOL
BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL COMMU-
NITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH ACT, THE
NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT THAT, IN
THE OPINION OF THE DEPARTMENT, MAXIMIZES FEDERAL FUNDING FOR MEALS
SERVED IN SUCH PROGRAMS. PROVIDED THAT SCHOOL FOOD AUTHORITIES THAT DO
NOT QUALIFY AS A SINGLE ENTITY TO PARTICIPATE IN THE COMMUNITY ELIGIBIL-
ITY PROVISION SHALL BE REQUIRED TO GROUP SCHOOLS WITHIN THE SCHOOL FOOD
AUTHORITY, TO THE EXTENT POSSIBLE, FOR PURPOSES OF MAXIMIZING PARTIC-
IPATION IN THE COMMUNITY ELIGIBILITY PROVISION, AND PROVIDED FURTHER
THAT SCHOOL FOOD AUTHORITIES SHALL REAPPLY ANNUALLY FOR THE COMMUNITY
ELIGIBILITY PROVISION PROGRAM IN THE EVENT THAT DOING SO WOULD RESULT IN
A HIGHER PERCENTAGE OF MEALS BEING REIMBURSED AT THE FEDERAL REIMBURSE-
MENT RATE FOR A FREE MEAL.
2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, FOR EACH BREAKFAST AND
LUNCH MEAL SERVED, THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD
AUTHORITY THE DIFFERENCE BETWEEN (A) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A REDUCED-PRICE OR PAID MEAL, RESPECTIVELY, FOR
THE CURRENT SCHOOL YEAR AND (B) THE COMBINED STATE AND FEDERAL
REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL EQUAL THE
COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
CURRENT SCHOOL YEAR.
3. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE OR REGULATION NEEDED
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO PROMOTE
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR PERSON IN
PARENTAL RELATION TO A STUDENT BY PROVIDING EITHER APPLICATION ASSIST-
S. 3006 21 A. 3006
ANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED TO THE
DEPARTMENT BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO MAXI-
MIZE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE SCHOOL MEALS.
4. IN ADDITION TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
REQUIREMENTS, THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
ASSIST SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS IN THE
TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM OPER-
ATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING:
(A) ASSISTING SCHOOL FOOD AUTHORITIES WITH ONE OR MORE SCHOOLS QUALI-
FYING FOR THE COMMUNITY ELIGIBILITY PROVISION IN MEETING ANY STATE AND
FEDERAL REQUIREMENTS NECESSARY IN ORDER TO MAXIMIZE REIMBURSEMENT
THROUGH THE COMMUNITY ELIGIBILITY PROVISION, INCLUDING ASSISTING SUCH
SCHOOL FOOD AUTHORITIES IN MAXIMIZING PARTICIPATION IN THE COMMUNITY
ELIGIBILITY PROVISION.
(B) IF A SCHOOL FOOD AUTHORITY IS INELIGIBLE TO PARTICIPATE IN AND
RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY ELIGIBILITY PROVISION,
ASSISTING THE SCHOOL FOOD AUTHORITY IN ACHIEVING AND MAXIMIZING ELIGI-
BILITY AND, IF THAT IS NOT FEASIBLE, ASSISTING THE SCHOOL FOOD AUTHORITY
IN DETERMINING THE VIABILITY OF USING PROVISION 2 OR OTHER SPECIAL
FEDERAL PROVISIONS AVAILABLE TO SCHOOLS TO MAXIMIZE FEDERAL REIMBURSE-
MENT.
5. SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS SHALL
MAXIMIZE THE NUMBER OF STUDENTS ELIGIBLE FOR FREE MEALS BY CONDUCTING
THE DIRECT CERTIFICATION MATCHING PROCESS AT A MINIMUM OF THREE TIMES
PER YEAR, DESIGNATING CHILDREN AS "OTHER SOURCE CATEGORICALLY ELIGIBLE",
AS DEFINED BY FEDERAL REGULATIONS, OR, FOR SCHOOLS NOT PARTICIPATING IN
THE COMMUNITY ELIGIBILITY PROVISION OR PROVISION 2, BY ANNUALLY COLLECT-
ING THE FREE AND REDUCED-PRICE MEAL APPLICATION.
§ 2. Section 925 of the education law is REPEALED.
§ 3. This act shall take effect July 1, 2025.
PART C
Section 1. The education law is amended by adding a new section 2803
to read as follows:
§ 2803. USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY. 1. FOR
PURPOSES OF THIS SECTION:
(A) "INTERNET-ENABLED DEVICES" SHALL MEAN AND INCLUDE ANY SMARTPHONE,
TABLET, SMARTWATCH, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE INTER-
NET AND ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET, INCLUDING
SOCIAL MEDIA APPLICATIONS; PROVIDED, HOWEVER, THAT "INTERNET-ENABLED
DEVICES" SHALL NOT INCLUDE:
(I) NON-INTERNET-ENABLED DEVICES SUCH AS CELLULAR PHONES OR OTHER
COMMUNICATION DEVICES NOT CAPABLE OF CONNECTING TO THE INTERNET OR
ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET; OR
(II) INTERNET-ENABLED DEVICES SUPPLIED BY THE SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES THAT ARE USED FOR AN EDUCATIONAL
PURPOSE.
(B) "SCHOOL DAY" SHALL MEAN THE ENTIRETY OF EVERY INSTRUCTIONAL DAY AS
REQUIRED BY SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
CHAPTER DURING ALL INSTRUCTIONAL TIME AND NON-INSTRUCTIONAL TIME,
INCLUDING BUT NOT LIMITED TO HOMEROOM PERIODS, LUNCH, RECESS, STUDY
HALLS, AND PASSING TIME.
(C) "SCHOOL GROUNDS" SHALL MEAN IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN
S. 3006 22 A. 3006
THE REAL PROPERTY BOUNDARY LINE OF AN ELEMENTARY, INTERMEDIATE, JUNIOR
HIGH, VOCATIONAL, OR HIGH SCHOOL OR A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES FACILITY.
2. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL ADOPT A WRITTEN POLICY PROHIBITING THE USE OF INTERNET-ENABLED
DEVICES BY STUDENTS DURING THE SCHOOL DAY ANYWHERE ON SCHOOL GROUNDS.
3. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR PARENTS AND GUARDIANS
OF STUDENTS TO CONTACT STUDENTS DURING THE SCHOOL DAY AND PROVIDE FOR
WRITTEN NOTIFICATION OF PARENTS AND GUARDIANS OF THESE METHODS AT THE
BEGINNING OF EACH SCHOOL YEAR.
4. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR ON-SITE STORAGE WHERE
STUDENTS MAY STORE THEIR INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY,
WHICH MAY INCLUDE STUDENT LOCKERS.
5. (A) THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION MAY AUTHORIZE STUDENT USE OF AN INTERNET-ENABLED DEVICE
DURING THE SCHOOL DAY ON SCHOOL GROUNDS:
(I) IF AUTHORIZED BY A TEACHER OR THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FOR A SPECIFIC EDUCATIONAL PURPOSE;
(II) WHERE NECESSARY FOR THE MANAGEMENT OF A STUDENT'S HEALTHCARE;
(III) IN THE EVENT OF AN EMERGENCY;
(IV) FOR TRANSLATION SERVICES; OR
(V) WHERE REQUIRED BY LAW.
(B) THE POLICY MAY NOT PROHIBIT A STUDENT'S USE OF AN INTERNET-ENABLED
DEVICE WHERE SUCH USE IS INCLUDED IN THE STUDENT'S:
(I) INDIVIDUALIZED EDUCATION PROGRAM; OR
(II) PLAN DEVELOPED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE
FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794.
6. NO LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ADOPT AND
PUBLISH IN A CLEARLY VISIBLE AND ACCESSIBLE LOCATION ON ITS WEBSITE THE
INTERNET-ENABLED DEVICE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION. TRANSLATION OF SUCH POLICY INTO ANY OF THE TWELVE MOST
COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDI-
VIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT AMERICAN
COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS BUREAU, SHALL BE
PROVIDED UPON REQUEST.
7. NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND EACH
SEPTEMBER FIRST THEREAFTER, EACH SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL PUBLISH AN ANNUAL REPORT ON ITS WEBSITE
DETAILING ENFORCEMENT OF THE POLICY WITHIN THE DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES IN THE PRIOR SCHOOL YEAR, INCLUDING
NON-IDENTIFIABLE DEMOGRAPHIC DATA OF STUDENTS WHO HAVE FACED DISCIPLI-
NARY ACTION FOR NON-COMPLIANCE AND ANALYSIS OF ANY DEMOGRAPHIC DISPARI-
TIES IN ENFORCEMENT OF THE POLICY. IF A STATISTICALLY SIGNIFICANT DISPA-
RATE ENFORCEMENT IMPACT IS IDENTIFIED, SUCH REPORT SHALL INCLUDE A
MITIGATION ACTION PLAN.
§ 2. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (g) to read as follows:
(G) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
TWENTY-EIGHT HUNDRED THREE OF THIS TITLE.
§ 3. This act shall take effect immediately.
PART D
S. 3006 23 A. 3006
Section 1. Section 666 of the education law is REPEALED.
§ 2. Paragraph a of subdivision 2 of section 667-c of the education
law, as amended by section 1 of part E of chapter 56 of the laws of
2022, is amended to read as follows:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) IS enrolled [as a first-
time freshman during the two thousand six--two thousand seven academic
year or thereafter] at a college or university within the state univer-
sity, including a statutory or contract college, a community college
established pursuant to article one hundred twenty-six of this chapter,
the city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least [six] THREE but less than twelve semes-
ter hours, or the equivalent, per semester in an approved undergraduate
degree program; and
(iii) has a cumulative grade-point average of at least 2.00.
§ 3. Section 667-c-1 of the education law is REPEALED.
§ 4. Paragraph c of subdivision 5 of section 610 of the education law,
as added by chapter 425 of the laws of 1988, is amended to read as
follows:
c. Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall be
counted as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance awards
pursuant to [sections six hundred sixty-six and] SECTION six hundred
sixty-seven of this chapter.
§ 5. Subdivision 2 of section 667 of the education law, as amended by
chapter 376 of the laws of 2019, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. An
undergraduate student enrolled in an approved two or four-year program
of study approved by the commissioner who must transfer to another
institution as a result of permanent college closure shall be eligible
for up to two additional semesters, or their equivalent, to the extent
credits necessary to complete [his or her] THE STUDENT'S program of
study were deemed non-transferable from the closed institution or were
deemed not applicable to such student's program of study by the new
institution. Any semester, quarter, or term of attendance during which
a student receives any award under this article, after the effective
date of the former scholar incentive program and prior to academic year
nineteen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section[, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section]. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
S. 3006 24 A. 3006
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 6. This act shall take effect immediately and shall apply to academ-
ic years 2025-2026 and thereafter.
PART E
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted [beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter] to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
[five thousand five hundred dollars or] actual tuition[, whichever is
less]; provided, however, (a) a student who receives educational grants
and/or scholarships that cover the student's full cost of attendance
shall not be eligible for an award under this program; and (b) an award
under this program shall be applied to tuition after the application of
payments received under the tuition assistance program pursuant to
section six hundred sixty-seven of this subpart, tuition credits pursu-
ant to section six hundred eighty-nine-a of this article, federal Pell
grant pursuant to section one thousand seventy of title twenty of the
United States code, et seq., and any other program that covers the cost
of attendance unless exclusively for non-tuition expenses, and the award
under this program shall be reduced in the amount equal to such
payments, provided that the combined benefits do not exceed [five thou-
sand five hundred dollars. Upon notification of an award under this
program, the institution shall defer the amount of tuition. Notwith-
standing paragraph h of subdivision two of section three hundred fifty-
five and paragraph (a) of subdivision seven of section six thousand two
hundred six of this chapter, and any other law, rule or regulation to
the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
tution to recipients of an award shall not exceed the tuition rate
established by the institution for the two thousand sixteen--two thou-
sand seventeen academic year provided, however, that in the two thousand
twenty-two--two thousand twenty-three academic year and every year ther-
eafter, the undergraduate tuition charged by the institution to recipi-
ents of an award shall be reset to equal the tuition rate established by
the institution for the forthcoming academic year, provided further that
the tuition credit calculated pursuant to section six hundred eighty-
nine-a of this article shall be applied toward the tuition rate charged
for recipients of an award under this program. Provided further that]
the state university of New York [and the city university of New York
shall provide an additional tuition credit to students receiving an
award to cover the remaining cost of tuition].
§ 2. This act shall take effect immediately and shall be applicable to
academic years 2025-2026 and thereafter.
PART F
Section 1. The education law is amended by adding a new section 6311
to read as follows:
S. 3006 25 A. 3006
§ 6311. NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP. 1. ELIGIBILITY. A
NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP SHALL BE AWARDED TO AN APPLI-
CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
(A) IS AT LEAST TWENTY-FIVE YEARS OF AGE OR OLDER, BUT IN NO CASE MORE
THAN FIFTY-FIVE YEARS OF AGE, AS OF JANUARY FIRST OF THE CALENDAR YEAR
FOR THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION;
(B) HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER, A FEDERAL
PELL GRANT PURSUANT TO SECTION 1070 OF TITLE 20 OF THE UNITED STATES
CODE, ET. SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
(C) IS MATRICULATED AT A COMMUNITY COLLEGE OF THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK, AS DEFINED IN SUBDIVISION
TWO OF SECTION SIXTY-THREE HUNDRED ONE OF THIS ARTICLE OR SUBDIVISION
FOUR OF SECTION SIXTY-TWO HUNDRED TWO OF THIS TITLE, RESPECTIVELY, IN AN
APPROVED PROGRAM DIRECTLY LEADING TO AN ASSOCIATE'S DEGREE IN A HIGH-DE-
MAND FIELD; PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FIVE -- TWO THOU-
SAND TWENTY-SIX ACADEMIC YEAR, SUCH FIELDS SHALL INCLUDE BUT NOT BE
LIMITED TO ADVANCED MANUFACTURING, TECHNOLOGY, CYBERSECURITY, ENGINEER-
ING, ARTIFICIAL INTELLIGENCE, NURSING AND ALLIED HEALTH PROFESSIONS,
GREEN AND RENEWABLE ENERGY, AND PATHWAYS TO TEACHING IN SHORTAGE AREAS,
PROVIDED FURTHER THAT SUCH FIELDS MAY BE UPDATED ANNUALLY THEREAFTER BY
THE DEPARTMENT OF LABOR NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO
THE FIRST START DATE OF THE FALL TERM OF SUCH COMMUNITY COLLEGES, AND
PROVIDED FURTHER THAT THE ELIGIBILITY OF SUCH APPROVED PROGRAM ESTAB-
LISHED IN THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION
SHALL CONTINUE;
(D) IS ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO
GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS IN COMMUNITY COLLEGES;
AND
(E) HAS NOT ALREADY OBTAINED ANY POSTSECONDARY DEGREE, PROVIDED THAT
NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT THE ELIGIBILITY
OF A STUDENT WHO IS ALREADY ENROLLED IN AN ELIGIBLE ASSOCIATE DEGREE
PROGRAM ON THE EFFECTIVE DATE OF THIS SECTION AND WHO MEETS ALL THE
OTHER ELIGIBILITY REQUIREMENTS OF THIS SUBDIVISION.
2. AMOUNT. WITHIN AMOUNTS APPROPRIATED THEREFOR, AND SUBJECT TO AVAIL-
ABILITY OF FUNDS, AWARDS SHALL BE GRANTED FOR THE TWO THOUSAND TWENTY-
FIVE -- TWO THOUSAND TWENTY-SIX ACADEMIC YEAR AND THEREAFTER TO APPLI-
CANTS WHO ARE DETERMINED TO BE ELIGIBLE TO RECEIVE SUCH AWARDS. SUCH
AWARDS SHALL BE CALCULATED ON A PER TERM BASIS PRIOR TO THE START OF
EACH TERM THE APPLICANT IS SUCCESSFULLY ENROLLED AND SHALL NOT EXCEED
THE POSITIVE DIFFERENCE, IF ANY, OF (A) THE SUM OF ACTUAL TUITION, FEES,
BOOKS, AND APPLICABLE SUPPLIES CHARGED TO THE APPLICANT AND APPROVED BY
THE APPLICABLE COMMUNITY COLLEGE, LESS (B) THE SUM OF ALL PAYMENTS
RECEIVED BY THE APPLICANT FROM ALL SOURCES OF FINANCIAL AID RECEIVED BY
THE APPLICANT WITH THE EXCEPTION OF AID RECEIVED PURSUANT TO FEDERAL
WORK-STUDY PROGRAMS AUTHORIZED UNDER SECTIONS 1087-51 THROUGH 1087-58 OF
TITLE 20 OF THE UNITED STATES CODE AND EDUCATIONAL LOANS TAKEN BY THE
APPLICANT OR GUARDIAN.
3. ADDITIONAL PROVISIONS. AN ELIGIBLE RECIPIENT SHALL COMPLETE AT
LEAST SIX CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
PER ACADEMIC YEAR, IN AN APPROVED PROGRAM OF STUDY. AN ELIGIBLE RECIPI-
ENT SHALL BE CONTINUOUSLY ENROLLED WITHOUT A GAP OF MORE THAN ONE
ACADEMIC YEAR, PROVIDED THAT SUCH DURATION MAY BE EXTENDED FOR AN ALLOW-
ABLE INTERRUPTION OF STUDY INCLUDING, BUT NOT LIMITED TO, DEATH OF A
FAMILY MEMBER, MEDICAL LEAVE, MILITARY SERVICE, AND PARENTAL LEAVE.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IF AN APPLI-
S. 3006 26 A. 3006
CANT FAILS TO MEET THE ELIGIBILITY CRITERIA OF THIS SECTION AT ANY
POINT, NO FURTHER AWARDS SHALL BE MADE TO THE APPLICANT.
4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
AN AWARD PURSUANT TO THIS SECTION.
(B) EACH CAMPUS THAT ENROLLS STUDENTS PURSUANT TO THIS SECTION SHALL
TAKE STEPS CONSISTENT WITH ESTABLISHED POLICY TO MAXIMIZE THE AWARD OF
CREDIT FOR PRIOR LEARNING FOR PARTICIPATING STUDENTS.
(C) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT TO THIS SECTION FOR
GREATER THAN TEN SEMESTERS.
(D) A STUDENT WHO EARNS COLLEGE CREDIT PURSUANT TO THIS SECTION SHALL
BE ENTITLED TO TRANSFER SUCH CREDIT TO ANOTHER STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS CONSISTENT WITH TRANSFER
POLICIES ESTABLISHED BY THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVER-
SITY OF NEW YORK.
5. REPORTING. BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, AND BY
SEPTEMBER FIRST OF EACH YEAR THEREAFTER, THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL EACH SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING INFORMATION:
(A) ENROLLMENT DATA BY FULL AND PART-TIME STATUS;
(B) RETENTION AND COMPLETION RATES BY FULL AND PART-TIME STATUS;
(C) BARRIERS TO STUDENT PARTICIPATION;
(D) DEMOGRAPHIC DATA RELATED TO THE PROGRAM;
(E) AVERAGE PRIOR LEARNING AND TRANSFER CREDIT AWARDED;
(F) THE TOTAL AMOUNT OF FUNDS AWARDED AND THE AVERAGE AWARD PER
STUDENT; AND
(G) POST-COMPLETION OUTCOMES INCLUDING TRANSFER, EMPLOYMENT, AND
WAGES, AS APPLICABLE.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 42 to read as follows:
42. THE TERM "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-A OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
OF WHETHER OR NOT SUCH PERSON OR ENTITY IS CERTIFIED OR LICENSED TO
PROVIDE REAL ESTATE APPRAISALS PURSUANT TO THE PROVISIONS OF ARTICLE
SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES OF THIS ARTICLE, THE
REAL ESTATE APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
COMMENTS AND OTHER DOCUMENTS SUBMITTED AS SUPPORT FOR THE ESTIMATE,
OPINION OF VALUE, OR ANALYSIS.
§ 2. Subdivision 5 of section 296 of the executive law is amended by
adding a new paragraph (h) to read as follows:
(H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO
DISCRIMINATE AGAINST ANY INDIVIDUAL IN MAKING REAL ESTATE APPRAISAL
SERVICES AVAILABLE OR TO BASE A REAL ESTATE APPRAISAL, ESTIMATE, OR
OPINION OF VALUE ON THE RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZEN-
SHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR
EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR
S. 3006 27 A. 3006
FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS OR OCCUPANTS OF THE
REAL PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN THE VICINITY
OF THE PROPERTY. NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISA-
BILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL
SOURCE OF INCOME, OR FAMILIAL STATUS.
§ 3. Subdivision 9 of section 160-e of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
9. To suspend and revoke certificates or licenses OR IMPOSE FINES
pursuant to the disciplinary proceedings provided for in this article.
§ 4. The opening paragraph of subdivision 1 of section 160-u of the
executive law, as amended by chapter 397 of the laws of 1991, is amended
to read as follows:
The rights of any holder under a state certificate as a state certi-
fied real estate appraiser, or a license as a state licensed real estate
appraiser, may be revoked or suspended, or the holder of the certif-
ication or license may be otherwise disciplined in accordance with the
provisions of this article, upon any of the grounds set forth in this
section. AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
TION, A FINE NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE IMPOSED ON ANY
HOLDER OF THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY PERCENT OF
ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES SHALL BE
PAYABLE TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT
TO SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may inves-
tigate the actions of a state certified or licensed real estate
appraiser, and may [revoke or suspend the rights of] SANCTION OR OTHER-
WISE DISCIPLINE a certificate or license holder [or otherwise discipline
a state certified or licensed real estate appraiser] for any of the
following acts or omissions:
§ 5. Subdivision 1 of section 160-v of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
1. Before suspending or revoking any certification or license OR
IMPOSING ANY FINES ON A HOLDER OF A CERTIFICATION OR LICENSE, the
department shall notify the state certified or licensed real estate
appraiser or licensed real estate appraiser assistant in writing of any
charges made at least twenty days prior to the date set for the hearing
and shall afford [him or her] SUCH REAL ESTATE APPRAISER OR SUCH REAL
ESTATE APPRAISER ASSISTANT an opportunity to be heard in person or by
counsel.
§ 6. Subdivision 2 of section 160-w of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
2. If the department determined that a state certified or licensed
real estate appraiser or licensed real estate appraiser assistant is
guilty of a violation of any of the provisions of this article, it shall
prepare a finding of fact and recommend that such appraiser be repri-
manded [or], that [his or her] THEIR certification or license be
suspended or revoked, AND/OR INDICATE WHETHER A FINE SHALL BE IMPOSED.
The decision and order of the department shall be final.
§ 7. Subdivisions 2 and 3 of section 80-a of the state finance law,
subdivision 2 as added by chapter 687 of the laws of 2021 and subdivi-
sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
as follows:
S. 3006 28 A. 3006
2. The anti-discrimination in housing fund shall consist of moneys
appropriated thereto, moneys transferred from any other fund or sources,
FIFTY PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO SUBDI-
VISION ONE OF SECTION ONE HUNDRED SIXTY-U OF THE EXECUTIVE LAW, and
fifty percent of all fines and forfeitures collected pursuant to para-
graph (a) of subdivision one of section four hundred forty-one-c of the
real property law. Nothing contained in this section shall prevent the
state from receiving grants, gifts or bequests for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
3. The moneys in the anti-discrimination in housing fund shall be kept
separate from and shall not be commingled with any other moneys in the
custody of the state comptroller. Such moneys shall be made available to
the office of the attorney general, for [fair housing testing] PROGRAMS
ASSISTING WITH FAIR HOUSING COMPLIANCE, WHICH INCLUDES, BUT IS NOT
LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
PROTECTIONS, ADDRESSING AND INVESTIGATING FAIR HOUSING ALLEGATIONS AND
COMPLAINTS, AND ADDRESSING DISCRIMINATION IN APPRAISALS, INCLUDING NEW
APPRAISALS AND APPRAISAL REVIEW, through allocation of grants to duly
applying county, city, town or village human rights commissions, or
other duly applying county, city, town, village or not-for-profit enti-
ties specializing in the prevention of unlawful discrimination in hous-
ing, to detect unlawful discrimination in housing.
§ 8. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 9. This act shall take effect immediately.
PART H
Section 1. Section 340 of the general business law is amended by
adding a new subdivision 2-a to read as follows:
2-A. (A) SUBJECT TO THE EXCEPTIONS HEREINAFTER PROVIDED IN THIS SUBDI-
VISION, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO COORDINATORS
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND TO RESIDENTIAL RENTAL
PROPERTY OWNERS OR MANAGERS PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI-
SION.
(B) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
TO DEFINE A SEQUENCE OF OPERATIONS.
(II) "ALGORITHMIC DEVICE" MEANS ANY MACHINE, DEVICE, COMPUTER PROGRAM
OR COMPUTER SOFTWARE THAT, ON ITS OWN OR WITH HUMAN ASSISTANCE PERFORMS
A COORDINATING FUNCTION.
(III) "COORDINATING FUNCTION" MEANS PERFORMING ALL OF THE FOLLOWING
SUBFUNCTIONS, PROVIDED, HOWEVER, THAT A PRODUCT USED FOR THE PURPOSE OF
ESTABLISHING RENT OR INCOME LIMITS IN ACCORDANCE WITH THE RENT STABILI-
ZATION CODE OR EMERGENCY TENANT PROTECTION ACT OR AFFORDABLE HOUSING
PROGRAM GUIDELINES OF A LOCAL GOVERNMENT, THE STATE, THE FEDERAL GOVERN-
MENT, OR OTHER POLITICAL SUBDIVISION SHALL NOT BE CONSIDERED TO BE
PERFORMING A COORDINATING FUNCTION:
(1) COLLECTING HISTORICAL OR CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR
LEASE OR RENTAL CONTRACT TERMINATION AND RENEWAL DATES OF RESIDENTIAL
S. 3006 29 A. 3006
DWELLING UNITS FROM TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS, PROVIDED THAT AT LEAST TWO SUCH RESIDENTIAL RENTAL PROPERTY
OWNERS OR MANAGERS ARE NOT WHOLLY-OWNED SUBSIDIARIES OF THE SAME PARENT
ENTITY OR OTHERWISE OWNED OR MANAGED BY THE SAME RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER;
(2) ANALYZING OR PROCESSING THE INFORMATION DESCRIBED IN CLAUSE ONE OF
THIS SUBPARAGRAPH USING A SYSTEM, SOFTWARE, OR PROCESS THAT USES COMPU-
TATION, INCLUDING BY USING THAT INFORMATION TO TRAIN AN ALGORITHM; AND
(3) RECOMMENDING RENTAL PRICES, LEASE RENEWAL TERMS, IDEAL OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A RESIDENTIAL RENTAL
PROPERTY OWNER OR MANAGER.
(IV) "COORDINATOR" MEANS ANY PERSON OR ENTITY THAT OPERATES OR
LICENSES A SOFTWARE OR DATA ANALYTICS SERVICE THAT PERFORMS A COORDINAT-
ING FUNCTION FOR TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
MANAGERS.
(V) "RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER" MEANS ANY INDIVID-
UAL OR ENTITY THAT OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDI-
RECTLY, IN WHOLE OR IN PART, OR MANAGES ONE OR MORE RESIDENTIAL RENTAL
DWELLING UNITS IN NEW YORK STATE.
(C) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
COORDINATOR TO FACILITATE AN AGREEMENT BETWEEN OR AMONG TWO OR MORE
RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS TO NOT COMPETE WITH
RESPECT TO RESIDENTIAL RENTAL DWELLING UNITS, INCLUDING BY PERFORMING A
COORDINATING FUNCTION ON BEHALF OF OR BETWEEN AND AMONG SUCH RESIDENTIAL
RENTAL PROPERTY OWNERS OR MANAGERS.
(D) IT SHALL BE CONSIDERED AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A
RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER TO ENTER INTO SUCH AN
AGREEMENT AS IS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION EITHER
EXPRESSLY OR BY ADJUSTING RENTAL PRICES, LEASE RENEWAL TERMS, OCCUPANCY
LEVELS, OR OTHER LEASE TERMS AND CONDITIONS IN ONE OR MORE OF THEIR
RESIDENTIAL RENTAL PROPERTIES BASED ON RECOMMENDATIONS FROM AN ALGORITH-
MIC DEVICE PERFORMING A COORDINATING FUNCTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become law.
PART I
Section 1. Section 7-107 of the general obligations law, as added by
chapter 917 of the laws of 1984, is amended to read as follows:
§ 7-107. Liability of a grantee or assignee for deposits made by
tenants upon conveyance of rent stabilized dwelling units. 1. This
section shall apply only to dwelling units subject to the New York city
rent stabilization law of nineteen hundred sixty-nine or the emergency
tenant protection act of nineteen seventy-four.
2. [(a) Any grantee or assignee of any dwelling unit referred to in
subdivision one of this section shall be liable to a tenant for any sum
of money or any other thing of value deposited as security for the full
performance by such tenant of the terms of his lease, plus any accrued
interest, if his or its predecessor in interest was liable for such
funds. Such liability shall attach whether or not the successor in
interest has, upon the conveyance of such dwelling unit, received the
sum as deposited.
(b) The liability of a receiver for payment of any security deposit
plus accrued interest pursuant to this subdivision shall be limited to
the amount of such deposit actually turned over to him or it pursuant to
subdivision one of section 7-105 of this chapter and to the operating
S. 3006 30 A. 3006
income in excess of expenses generated during his or its period of
receivership] NO DEPOSIT OR ADVANCE SHALL EXCEED THE AMOUNT OF ONE
MONTH'S RENT UNDER ANY CONTRACT FOR THE LEASE OR TENANCY OF A DWELLING
UNIT SUBJECT TO THIS SECTION.
3. [Any agreement by a lessee or tenant of a dwelling unit waiving or
modifying his rights as set forth in this section shall be void] THE
ENTIRE AMOUNT OF THE DEPOSIT OR ADVANCE SHALL BE REFUNDABLE TO THE
TENANT UPON THE TENANT'S VACATING OF THE PREMISES EXCEPT FOR AN AMOUNT
LAWFULLY RETAINED FOR THE REASONABLE AND ITEMIZED COSTS DUE TO NON-PAY-
MENT OF RENT, DAMAGE CAUSED BY THE TENANT BEYOND NORMAL WEAR AND TEAR,
NON-PAYMENT OF UTILITY CHARGES PAYABLE DIRECTLY TO THE LANDLORD UNDER
THE TERMS OF THE LEASE OR TENANCY, AND MOVING AND STORAGE OF THE
TENANT'S BELONGINGS. THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT FOR COSTS RELATING TO ORDINARY WEAR AND TEAR OF OCCUPANCY OR
DAMAGE CAUSED BY A PRIOR TENANT.
4. AFTER INITIAL LEASE SIGNING BUT BEFORE THE TENANT BEGINS OCCUPANCY,
THE LANDLORD SHALL OFFER THE TENANT THE OPPORTUNITY TO INSPECT THE PREM-
ISES WITH THE LANDLORD OR THE LANDLORD'S AGENT TO DETERMINE THE CONDI-
TION OF THE PROPERTY. IF THE TENANT REQUESTS SUCH INSPECTION, THE
PARTIES SHALL EXECUTE A WRITTEN AGREEMENT BEFORE THE TENANT BEGINS OCCU-
PANCY OF THE UNIT ATTESTING TO THE CONDITION OF THE PROPERTY AND SPECIF-
ICALLY NOTING ANY EXISTING DEFECTS OR DAMAGES. UPON THE TENANT'S VACAT-
ING OF THE PREMISES, THE LANDLORD MAY NOT RETAIN ANY AMOUNT OF THE
DEPOSIT OR ADVANCE DUE TO ANY CONDITION, DEFECT, OR DAMAGE NOTED IN SUCH
AGREEMENT. THE AGREEMENT SHALL BE ADMISSIBLE AS EVIDENCE OF THE CONDI-
TION OF THE PREMISES AT THE BEGINNING OF OCCUPANCY ONLY IN PROCEEDINGS
RELATED TO THE RETURN OR AMOUNT OF THE SECURITY DEPOSIT.
5. WITHIN A REASONABLE TIME AFTER NOTIFICATION OF EITHER PARTY'S
INTENTION TO TERMINATE THE TENANCY, UNLESS THE TENANT TERMINATES THE
TENANCY WITH LESS THAN TWO WEEKS' NOTICE, THE LANDLORD SHALL NOTIFY THE
TENANT IN WRITING OF THE TENANT'S RIGHT TO REQUEST AN INSPECTION BEFORE
VACATING THE PREMISES AND OF THE TENANT'S RIGHT TO BE PRESENT AT THE
INSPECTION. IF THE TENANT REQUESTS SUCH AN INSPECTION, THE INSPECTION
SHALL BE MADE NO EARLIER THAN TWO WEEKS AND NO LATER THAN ONE WEEK
BEFORE THE END OF THE TENANCY. THE LANDLORD SHALL PROVIDE AT LEAST
FORTY-EIGHT HOURS WRITTEN NOTICE OF THE DATE AND TIME OF THE INSPECTION.
AFTER THE INSPECTION, THE LANDLORD SHALL PROVIDE THE TENANT WITH AN
ITEMIZED STATEMENT SPECIFYING REPAIRS OR CLEANING THAT ARE PROPOSED TO
BE THE BASIS OF ANY DEDUCTIONS FROM THE TENANT'S DEPOSIT. THE TENANT
SHALL HAVE THE OPPORTUNITY TO CURE ANY SUCH CONDITION BEFORE THE END OF
THE TENANCY. ANY STATEMENT PRODUCED PURSUANT TO THIS SUBDIVISION SHALL
ONLY BE ADMISSIBLE IN PROCEEDINGS RELATED TO THE RETURN OR AMOUNT OF THE
SECURITY DEPOSIT.
6. WITHIN FOURTEEN DAYS AFTER THE TENANT HAS VACATED THE PREMISES, THE
LANDLORD SHALL PROVIDE THE TENANT WITH AN ITEMIZED STATEMENT INDICATING
THE BASIS FOR THE AMOUNT OF THE DEPOSIT RETAINED, IF ANY, AND SHALL
RETURN ANY REMAINING PORTION OF THE DEPOSIT TO THE TENANT. IF A LANDLORD
FAILS TO PROVIDE THE TENANT WITH THE STATEMENT AND DEPOSIT WITHIN FOUR-
TEEN DAYS, THE LANDLORD SHALL FORFEIT ANY RIGHT TO RETAIN ANY PORTION OF
THE DEPOSIT.
7. IN ANY ACTION OR PROCEEDING DISPUTING THE AMOUNT OF ANY AMOUNT OF
THE DEPOSIT RETAINED, THE LANDLORD SHALL BEAR THE BURDEN OF PROOF AS TO
THE REASONABLENESS OF THE AMOUNT RETAINED.
8. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR ACTUAL DAMAGES, PROVIDED A PERSON FOUND TO HAVE WILLFULLY
S. 3006 31 A. 3006
VIOLATED THIS SECTION SHALL BE LIABLE FOR PUNITIVE DAMAGES OF UP TO
TWICE THE AMOUNT OF THE DEPOSIT OR ADVANCE.
9. (A) IN CIRCUMSTANCES WHERE ANY SUM OF MONEY OR ANY OTHER THING OF
VALUE DEPOSITED AS SECURITY FOR THE FULL PERFORMANCE BY A TENANT OF THE
TERMS OF THEIR LEASE IS NOT TURNED OVER TO A SUCCESSOR IN INTEREST
PURSUANT TO SECTION 7-105 OF THIS TITLE, THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES SHALL ALSO BE LIABLE TO SUCH TENANT, UPON CONVEYANCE OF
SUCH LEASED PREMISES, FOR THE REPAYMENT OF ANY SUCH SECURITY DEPOSIT,
PLUS ACCRUED INTEREST, AS TO WHICH SUCH GRANTEE OR ASSIGNEE HAS ACTUAL
KNOWLEDGE.
(B) FOR PURPOSES OF THIS SECTION, A GRANTEE OR ASSIGNEE OF THE LEASED
PREMISES SHALL BE DEEMED TO HAVE ACTUAL KNOWLEDGE OF ANY SECURITY DEPOS-
IT WHICH IS (I) DEPOSITED AT ANY TIME DURING THE SIX MONTHS IMMEDIATELY
PRIOR TO CLOSING OR OTHER TRANSFER OF TITLE IN ANY BANKING ORGANIZATION
PURSUANT TO SUBDIVISION TWO-A OF SECTION 7-103 OF THIS TITLE, OR (II)
ACKNOWLEDGED IN ANY LEASE IN EFFECT AT THE TIME OF CLOSING OR OTHER
TRANSFER OF TITLE, OR (III) SUPPORTED BY DOCUMENTARY EVIDENCE PROVIDED
BY THE TENANT OR LESSEE AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVI-
SION.
(C) WITH RESPECT TO ANY LEASED PREMISES FOR WHICH THERE IS NO RECORD
OF SECURITY DEPOSIT PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH
(B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES
SHALL BE OBLIGATED TO NOTIFY THE TENANT THEREOF IN WRITING NO LATER THAN
THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF TITLE TO THE FACT
THAT THERE IS NO RECORD OF A SECURITY DEPOSIT FOR SAID LEASED PREMISES
AND THAT UNLESS THE TENANT WITHIN THIRTY DAYS AFTER RECEIVING NOTICE
PROVIDES THEM OR IT WITH DOCUMENTARY EVIDENCE OF DEPOSIT, THE TENANT
SHALL HAVE NO FURTHER RECOURSE AGAINST THEM OR IT FOR SAID SECURITY
DEPOSIT. FOR PURPOSES OF THIS SUBDIVISION, "DOCUMENTARY EVIDENCE" SHALL
BE LIMITED TO ANY CANCELLED CHECK DRAWN TO THE ORDER OF, A RECEIPT FROM,
OR A LEASE SIGNED BY ANY PREDECESSOR IN INTEREST, IF SUCH PREDECESSOR'S
INTEREST IN THE LEASED PREMISES EXISTED ON OR AFTER THE EFFECTIVE DATE
OF THIS PARAGRAPH. EXCEPT AS OTHERWISE PROVIDED BY SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF
THE LEASED PREMISES SHALL NOT BE CHARGED WITH ACTUAL KNOWLEDGE OF THE
SECURITY DEPOSIT WHERE THE TENANT FAILS WITHIN THE THIRTY-DAY PERIOD TO
PROVIDE SUCH DOCUMENTARY EVIDENCE. WHERE THE GRANTEE OR ASSIGNEE OF THE
LEASED PREMISES FAILS TO NOTIFY THE TENANT AS SPECIFIED IN THIS PARA-
GRAPH WITHIN THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF
TITLE, THE TENANT SHALL BE ENTITLED TO PRODUCE DOCUMENTARY EVIDENCE AT
ANY TIME.
(D) THE GRANTEE OR ASSIGNEE OF THE LEASED PREMISES SHALL HAVE THE
RIGHT TO DEMAND THAT THE GRANTOR OR ASSIGNOR THEREOF ESTABLISH AN ESCROW
ACCOUNT EQUAL TO ONE MONTH'S RENT FOR ANY LEASED PREMISES FOR WHICH
THERE IS NO RECORD OF A SECURITY DEPOSIT PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION TO BE USED FOR THE PURPOSE OF HOLDING HARMLESS THE
GRANTEE OR ASSIGNEE IN ANY CASE WHERE, AT A DATE SUBSEQUENT TO THE CLOS-
ING OR OTHER TRANSFER OF TITLE, THE TENANT GIVES NOTICE PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
(E) THE LIABILITY OF A RECEIVER FOR PAYMENT OF ANY SECURITY DEPOSIT
PLUS ACCRUED INTEREST PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
THE AMOUNT OF SUCH DEPOSIT ACTUALLY TURNED OVER TO THEM OR IT PURSUANT
TO SUBDIVISION ONE OF SECTION 7-105 OF THIS TITLE AND TO THE OPERATING
INCOME IN EXCESS OF EXPENSES GENERATED DURING THEIR OR ITS PERIOD OF
RECEIVERSHIP.
S. 3006 32 A. 3006
10. ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR MODI-
FYING THEIR RIGHTS AS SET FORTH IN THIS SECTION SHALL BE ABSOLUTELY
VOID.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to any lease or rental agreement or
renewal of a lease or rental agreement entered into on or after such
date.
PART J
Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real
property actions and proceedings law, as amended by chapter 529 of the
laws of 2008, is amended to read as follows:
(b) In the case of a vacant dwelling, it is not sealed or continuously
guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
is continuously guarded by a person other than the owner, a mortgagee,
lienor or agent thereof, and [either] ANY of the following facts exists:
(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of
at least one year; or
(III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
DATE THAT THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY
OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, SECTION
THREE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A
PARTNERSHIP, SECTION THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND
RULES IF THE OWNER IS A LIMITED PARTNERSHIP, SECTION THREE HUNDRED ELEV-
EN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A CORPORATION, OR
SECTION THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF
THE OWNER IS A LIMITED LIABILITY COMPANY; OR
§ 2. This act shall take effect immediately.
PART K
Section 1. The real property tax law is amended by adding a new
section 457-a to read as follows:
§ 457-A. EXEMPTION FOR ELIGIBLE RESIDENTIAL PROPERTY TRANSFERRED TO A
LOW-INCOME HOUSEHOLD. 1. AS USED IN THIS SECTION:
(A) "NONPROFIT HOUSING ORGANIZATION" MEANS A NONPROFIT ORGANIZATION
EXEMPT FROM CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION
501(C)(4) OF THE UNITED STATES INTERNAL REVENUE CODE AND/OR THAT IS
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY
PURPOSE IS THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL AFFORDABLE
HOUSING FOR CONVEYANCE TO HOUSEHOLDS THAT MEET CERTAIN INCOME REQUIRE-
MENTS.
(B) "COMMUNITY LAND TRUST" MEANS A NONPROFIT ORGANIZATION EXEMPT FROM
CERTAIN TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION 501(C)(4) OF THE
UNITED STATE INTERNAL REVENUE CODE AND/OR THAT IS INCORPORATED UNDER THE
NOT-FOR-PROFIT CORPORATION LAW WHOSE PRIMARY PURPOSE IS TO PROVIDE
AFFORDABLE HOUSING BY OWNING LAND AND LEASING OR SELLING RESIDENTIAL
S. 3006 33 A. 3006
HOUSING SITUATED ON THAT LAND TO HOUSEHOLDS THAT MEET CERTAIN INCOME
REQUIREMENTS.
(C) "LAND BANK" MEANS AN ENTITY CREATED IN ACCORDANCE WITH ARTICLE
SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
(D) "QUALIFIED LOW-INCOME HOUSEHOLD" MEANS A HOUSEHOLD WITH AN INCOME
UPON INITIAL OCCUPANCY OF THE RESIDENTIAL PROPERTY OF NOT MORE THAN
EIGHTY PERCENT OF THE AREA MEDIAN INCOME, AS ANNUALLY DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND WHICH HAS
AGREED TO OCCUPY SUCH RESIDENTIAL PROPERTY AS A PRIMARY RESIDENCE. THE
NONPROFIT HOUSING ORGANIZATION, COMMUNITY LAND TRUST, LAND BANK, OR
APPROPRIATE GOVERNMENTAL ENTITY SHALL CERTIFY THAT A HOUSEHOLD MEETS THE
INCOME AND RESIDENCY CRITERIA TO BE CONSIDERED A QUALIFIED LOW-INCOME
HOUSEHOLD AND SHALL DETERMINE THE INCOME AND ASSETS THAT SHALL BE USED
TO DETERMINE A HOUSEHOLD'S INCOME FOR ELIGIBILITY PURPOSES.
2. (A) RESIDENTIAL REAL PROPERTY SUBJECT TO A RESTRICTIVE COVENANT OR
DECLARATION, LEGAL REQUIREMENT, REGULATORY AGREEMENT OR OTHER CONTRACTU-
AL OBLIGATION WITH A GOVERNMENTAL ENTITY, NONPROFIT HOUSING ORGANIZA-
TION, OR LAND BANK, AND TRANSFERRED TO A QUALIFIED LOW-INCOME HOUSEHOLD,
OR WHERE THE LAND IS TRANSFERRED TO A COMMUNITY LAND TRUST AND THE RESI-
DENTIAL BUILDING SITUATED ON THE LAND IS OR WILL BE LEASED OR SOLD TO A
QUALIFIED LOW-INCOME HOUSEHOLD, SHALL BE EXEMPT AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION FROM TAXATION LEVIED BY OR ON BEHALF OF ANY
COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT IN WHICH SUCH RESIDENTIAL
PROPERTY IS LOCATED, PROVIDED THE LEGISLATIVE BODY OR GOVERNING BOARD OF
SUCH COUNTY, CITY, TOWN OR VILLAGE, AFTER PUBLIC HEARING, ADOPTS A LOCAL
LAW, OR A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT TO WHICH ARTICLE
FIFTY-TWO OF THE EDUCATION LAW APPLIES, ADOPTS A RESOLUTION PROVIDING
THEREFOR.
(B) THE REAL PROPERTY TAX EXEMPTION SHALL BE AN AMOUNT THAT IS NOT
LESS THAN TWENTY-FIVE PERCENT NOR MORE THAN FIFTY PERCENT OF THE
ASSESSED VALUE OF THE PROPERTY AS PROVIDED IN LEGISLATION OR RESOLUTION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(C) A COPY OF ANY SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE
ASSESSOR OF SUCH COUNTY, CITY, TOWN, OR VILLAGE WHO PREPARES THE ASSESS-
MENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE, OR
SCHOOL DISTRICT ARE LEVIED.
3. (A) THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
TINUED IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(I) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES;
(II) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED AS A PRIMARY RESIDENCE; OR
(III) IN THE EVENT THAT A PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION IS TRANSFERRED TO ANOTHER PERSON OR ENTITY, OTHER THAN TO
ANY HEIRS OR DISTRIBUTEES OF THE OWNER THAT MEET THE REQUIREMENTS OF
BEING A QUALIFIED LOW-INCOME HOUSEHOLD AT THE TIME OF SUCH TRANSFER.
(B) UPON DETERMINING THAT AN EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR SHALL MAIL A NOTICE SO
STATING TO THE OWNER OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF THIS CHAPTER. SUCH OWNER OR
OWNERS SHALL BE ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL REVIEW OF
SUCH ACTION IN THE MANNER PROVIDED BY LAW, PROVIDED THAT THE BURDEN
SHALL BE ON SUCH OWNER OR OWNERS TO ESTABLISH ELIGIBILITY FOR THE
EXEMPTION.
4. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OR OWNERS OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE COMMISSION-
S. 3006 34 A. 3006
ER. THE APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE COUNTY,
CITY, TOWN, OR VILLAGE HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY, CITY,
TOWN, OR VILLAGE.
5. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION, AND
SUCH RESIDENTIAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION FOUR OF THIS SECTION. THE ASSESSED VALUE OF
ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
housing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(a) Upon the consent of the local legislative body of any municipality
in which a project is or is to be located, the real property in a
project shall be exempt from local and municipal taxes, other than
assessments for local improvements, to the extent of all or part of the
value of the property included in such project which represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project at the time of its acquisition by
the limited-profit housing company, provided, however, that the real
property in a project acquired for purposes of rehabilitation shall be
exempt to the extent of all or part of the value of the property
included in such project, and further provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project except that for
projects located or to be located in a city of a population of one
million or more, [upon the consent of the local legislative body of the
municipality, the amount of such taxes to be paid may be set at not less
than (i) the taxes payable with respect to the real property in such
project with respect to the year nineteen hundred seventy-three, or,
(ii) if such project was not occupied in such year, not less than ten
per centum of the annual shelter rent or carrying charges first estab-
lished pursuant to subdivision one of section thirty-one of this arti-
cle] THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. Shelter rent shall mean the total rents received
from the occupants of a project less the cost of providing to the occu-
pants electricity, gas, heat and other utilities. Total rents shall
include rent supplements and subsidies received from the federal govern-
ment, the state or a municipality on behalf of such occupants[,] but
S. 3006 35 A. 3006
shall not include interest reduction payments pursuant to subdivision
(a) of section two hundred one of the Federal Housing and Urban Develop-
ment Act of nineteen hundred sixty-eight. The tax exemption shall oper-
ate and continue so long as the mortgage loans of the company, including
any additional mortgage loan the proceeds of which are used primarily
for the residential portion of the project, which additional loan is
approved by the commissioner or the supervising agency, are outstanding.
§ 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 229 of the laws of 1989, is
amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, the real property of a state urban development corporation
project acquired, owned, constructed, managed or operated by a company
incorporated pursuant to the not-for-profit corporation law and this
article shall be entitled to all the benefits provided by section four
hundred twenty-two of the real property tax law. The real property of a
state urban development corporation project, other than a state urban
development corporation project acquired, owned, constructed, managed or
operated by a company incorporated pursuant to the not-for-profit corpo-
ration law and this article, shall be exempt from all local and munici-
pal taxes, other than assessments for local improvements, to the extent
of the value of the property included in such project as represents an
increase over the assessed valuation of the real property, both land and
improvements, acquired for the project on the date of its acquisition by
the limited-profit housing company, provided that the amount of such
taxes to be paid shall not be less than ten per centum of the annual
shelter rent or carrying charges of such project, as defined in para-
graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE
CONSENT OF THE LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS
LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE
PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE
RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE
CONSENT WAS GRANTED. The tax exemption shall operate and continue so
long as the mortgage loans of such limited profit housing company,
including any additional mortgage loan the proceeds of which are used
primarily for the residential portion of the project, which additional
loan is approved by the commissioner or the supervising agency, are
outstanding and the project is continued to be operated as a limited-
profit housing project. If a state urban development corporation project
qualifying for tax exemption pursuant to this paragraph is sold, with
the approval of the commissioner, to another limited-profit housing
company, such successor company shall be entitled to all the benefits of
this paragraph. In the event that such sale is to a company incorporated
pursuant to the not-for-profit corporation law and this article, such
successor company shall be entitled to all the benefits provided by
section four hundred twenty-two of the real property tax law.
§ 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
ing finance law, as amended by chapter 744 of the laws of 1977, is
amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this
subdivision, when a project is financed with a mortgage loan pursuant to
S. 3006 36 A. 3006
this article or article three of this chapter and (i) there is a partic-
ipation, new loan or investment pursuant to section twenty-three-b of
this article or (ii) such mortgage loan is assigned, modified or satis-
fied pursuant to section twenty-three-a or forty-four-b or subdivision
twenty-two-a of section six hundred fifty-four of this chapter, the real
property of the project shall be exempt from all local and municipal
taxes, other than assessments for local improvements, to the extent of
the value of the real property included in such project which represents
an increase over the assessed valuation of the real property, both land
and improvements, acquired for the project on the date of its original
acquisition for the project by the original mortgagor under a mortgage
loan pursuant to this article or article three of this chapter, provided
that the amount of taxes to be paid on the project shall not be less
than ten per centum of the annual shelter rent or carrying charges of
such project, as defined in paragraph (a) of this subdivision, EXCEPT
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF
SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
RENT OR CARRYING CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL
LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS
OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY
TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE CONSENT WAS GRANTED.
Such tax exemption shall commence in each instance from the date when
the project becomes subject to a mortgage insured by the federal govern-
ment and shall operate and continue so long as a mortgage on such
project is insured or held by the federal government or so long as the
project is thereafter owned by the federal government or so long as any
residual indebtedness is outstanding, whichever is longer. When there is
a participation, new loan or investment pursuant to section twenty-
three-b of this article, such participation, new loan or investment
shall be deemed to be the equivalent of a federally insured mortgage for
purposes of this paragraph. Nothing contained in this paragraph shall be
construed to limit or otherwise impair the benefits available to any
company eligible for exemption from taxation pursuant to section thir-
ty-one or section thirty-six-a of this article, section four hundred
twenty-two or section four hundred sixty-seven-c of the real property
tax law, or section fifty-eight of the public housing law. The foregoing
shall not be deemed to authorize any company to receive the benefits of
any exemption from taxation in contravention of the provisions of
section two of article eighteen of the constitution.
§ 4. Subdivision 4 of section 33 of the private housing finance law,
as amended by chapter 229 of the laws of 1989, is amended to read as
follows:
4. Notwithstanding the provisions of subdivision one hereof, when a
mutual company is organized under this article to facilitate the acqui-
sition of a building by residents thereof, the amount of local and
municipal taxes, other than assessments for local improvements, to be
paid on the real property included in such project, both land and
improvements, shall not exceed twenty per centum of the annual shelter
rent or carrying charges of such project, as defined in paragraph (a) of
subdivision one hereof; provided, however, that where such acquisition
of a building by residents thereof involves the financing of rehabili-
tation or other improvement as well as acquisition, upon the consent of
S. 3006 37 A. 3006
the local legislative body of the municipality in which the project is
located the amount of such taxes may be further reduced provided that
such amount shall not be less than ten per centum of the annual shelter
rent or carrying charges of the project, as defined in paragraph (a) of
subdivision one hereof; or the company may in lieu of requesting such
consent apply for the benefits of the local law, if any, enacted pursu-
ant to section four hundred eighty-nine of the real property tax law.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING
CHARGES OF THE PROJECT. UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY
OF THE MUNICIPALITY, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY
BE FURTHER REDUCED TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT
OR CARRYING CHARGES OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE
THE AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORI-
ZATION IS NOT RENEWED, THE RATE OF TAXATION SHALL REVERT TO THE LEVEL
ESTABLISHED BEFORE THE CONSENT WAS GRANTED. Such tax exemption, if any,
granted pursuant to this article shall operate and continue so long as a
loan made under this article or any subsequent loan approved by the
commissioner or the supervising agency to enhance the residential
portion of the project and the project is continued to be operated for
the purposes set forth in this article is outstanding.
§ 5. This act shall take effect immediately.
PART M
Section 1. The section heading of section 485-r of the real property
tax law, as added by chapter 406 of the laws of 2015, is amended to read
as follows:
Residential redevelopment inhibited property exemption[; certain
cities].
§ 2. Subdivision 1 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
chapter 28 of the laws of 2016, is amended to read as follows:
1. As used in this section, the following terms shall have the follow-
ing meanings:
(a) "Redevelopment inhibited property" shall mean a residential prop-
erty that has been neglected or abandoned because of the local economic
conditions and/or conditions on the property that inhibit such property
from being redeveloped by the private sector AS DESCRIBED IN SUBDIVISION
THREE OF THIS SECTION. Redevelopment inhibited property shall not
include land that is undeveloped.
(b) "Gap financing costs" shall mean the total cost of the property's
redevelopment as approved by the city, TOWN, OR VILLAGE minus the
increase in the full valuation of the property upon completion of the
redevelopment.
(c) "Base assessment" shall mean the assessed value of the property on
the day the city, TOWN, OR VILLAGE designates the property as redevelop-
ment inhibited.
(d) "Increased assessment" shall mean the assessed value of the prop-
erty as determined by the assessor upon completion of the redevelopment.
(e) "Incremental increase in annual property taxes" shall mean the
taxes based on the increased assessment minus the taxes based on the
base assessment.
S. 3006 38 A. 3006
[(f) "City" shall mean a city with a population of not less than
fifteen thousand two hundred fifty and not more than fifteen thousand
five hundred as determined by the latest federal decennial census.]
§ 3. Subdivision 2 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
2. A city, TOWN, OR VILLAGE may, by local law, provide for the
exemption of real property from taxation as provided in this section.
Subsequent to the adoption of such local law, the county in which such
city, TOWN, OR VILLAGE is located may after a public hearing and by
local law, and any school district, all or part of which is located in
such city, TOWN, OR VILLAGE, may, by resolution, exempt such property
from its taxation in the same manner and to the same extent as the city,
TOWN, OR VILLAGE has done.
§ 4. Subdivision 3 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
3. A LOCAL LAW ADOPTED BY A city, TOWN, OR VILLAGE PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION shall designate any property within [the]
SUCH city, TOWN, OR VILLAGE'S boundaries as a redevelopment inhibited
property if one or more of the following are met:
(a) the city, TOWN, OR VILLAGE has acquired title to the property
pursuant to article nineteen-A of the real property actions and
proceedings law; or
(b) the property has been continuously vacant for a period of at least
three years; or
(c) the COUNTY, city, TOWN OR VILLAGE IN WHICH THE PROPERTY IS LOCATED
has acquired title to the property via foreclosure for unpaid taxes
pursuant to article eleven of this chapter; or
(d) the property has outstanding zoning, housing, or uniform code
violations and the cost of remedying the violations exceeds the proper-
ty's value.
§ 5. Subdivision 4 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
4. (a) Upon the adoption of such local law, redevelopment inhibited
property shall be exempt from taxation and special ad valorem levies to
the extent of any increase in value attributable to demolition, alter-
ation, rehabilitation, or remediation pursuant to the following require-
ments:
(i) the demolition, alterations, rehabilitation, and/or remediation
shall be permitted by the [city's] APPLICABLE bureau of inspection such
that building or plumbing permits issued and said demolition, alter-
ations, rehabilitation, and/or remediation shall have met all necessary
approvals per the applicable New York state uniform fire prevention and
building code, the [city's] APPLICABLE municipal code and the [city's]
APPLICABLE bureau of inspection upon completion; and
(ii) the property for which the exemption is sought shall be [an
owner-occupied one-family residence] A ONE TO FOUR-UNIT RESIDENCE AND
OCCUPIED AS THE PRIMARY RESIDENCE OF THE OWNER OR A TENANT; and
(iii) the owner of such property shall file annually an affidavit of
residency with the assessor of the city, TOWN, OR VILLAGE on or before
the appropriate taxable status date [of such city], confirming continued
[owner-occupancy] OCCUPANCY of the property BY THE OWNER OR A TENANT AS
THEIR PRIMARY RESIDENCE; and
(iv) the redevelopment inhibited property is exempt from taxation and
special ad valorem levies attributable to the increased assessment minus
the taxes and special ad valorem levies imposed on the base assessment.
Such exemption shall not apply to special assessments.
S. 3006 39 A. 3006
(b) In the event the property granted an exemption pursuant to this
section ceases to be [owner-]occupied AS THE PRIMARY RESIDENCE OF THE
OWNER OR TENANT and/or the affidavit of residency is not filed annually
for the approved exemption period, the exemption granted pursuant to
this section shall cease.
(c) In the event the property granted an exemption pursuant to this
section ceases to be a [one-family] ONE TO FOUR-UNIT dwelling, the
exemption granted pursuant to this section shall cease.
(d) In the event the owner of the property is convicted of a violation
or misdemeanor pursuant to New York state uniform fire prevention and
building code or the [city's] APPLICABLE municipal code, the exemption
granted pursuant to this section shall cease.
§ 6. Subdivision 6 of section 485-r of the real property tax law, as
added by chapter 406 of the laws of 2015, is amended to read as follows:
6. (a) Such exemption shall be granted only upon application by the
owner of such building for the residential redevelopment inhibited prop-
erty exemption, on a form prescribed by the city, TOWN, OR VILLAGE. Such
application must be filed with the assessor of the city, TOWN, OR
VILLAGE on or before the appropriate taxable status date [of such city].
The application must be filed with the assessor of the city, TOWN, OR
VILLAGE within three years from the date of completing the demolition,
alterations, rehabilitation, and/or remediation.
(b) The owner filing for such exemption shall not be required to be
the owner responsible for completing the demolition, alterations, reha-
bilitation, and/or remediation.
(c) If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this section, [he or she] SUCH ASSESSOR shall
approve the application and such real property shall thereafter be
exempt from taxation and special ad valorem levies by the city, TOWN, OR
VILLAGE commencing with the assessment roll prepared after the taxable
status date referred to in this subdivision. The assessed value of any
exemption granted pursuant to this section shall be entered by the
assessor of the city, TOWN, OR VILLAGE on the assessment roll with the
taxable property, with the amount of the exemption shown in a separate
column.
(d) Once granted, the residential redevelopment inhibited property
exemption runs with the land for the exemption period pursuant to this
section.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
PART N
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2026. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
S. 3006 40 A. 3006
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2024-2025 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2025.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural preservation program
contracts authorized by this section, a total sum not to exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2024-2025 in accordance with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than June 30,
2025.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,455,000 for the fiscal year ending March
31, 2026. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$23,455,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2024-2025 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
S. 3006 41 A. 3006
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2025.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $56,381,000 for the fiscal year
ending March 31, 2026. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $56,381,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2024-2025 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2026.
§ 5. This act shall take effect immediately.
PART O
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part G of
chapter 56 of the laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2025]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART P
Section 1. The social services law is amended by adding a new section
390-n to read as follows:
§ 390-N. CHILD CARE SUPPORT CENTER; OPERATING CERTIFICATE REQUIRED. 1.
FOR PURPOSES OF THIS SECTION, "CHILD CARE SUPPORT CENTER" SHALL MEAN A
BUSINESS ENTITY THAT IS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO PLACE INDIVIDUALS AS SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS AS DEFINED IN SECTION THREE HUNDRED NINETY OF
THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE.
S. 3006 42 A. 3006
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE AUTHORIZED TO
CERTIFY, REGULATE, AND INSPECT CHILD CARE SUPPORT CENTERS. THE OFFICE OF
CHILDREN AND FAMILY SERVICES MAY, AT ITS DISCRETION, LIMIT THE NUMBER OF
OPERATING CERTIFICATES ISSUED.
3. NO ENTITY MAY PLACE SUBSTITUTE CAREGIVERS AT CHILD DAY CARE
CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL
AGE CHILD CARE PROGRAMS UNLESS IT POSSESSES A VALID OPERATING CERTIF-
ICATE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
4. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY CARE HOME, OR
SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
OF THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER HAS MET THE:
(A) STANDARDS AND TRAINING REQUIREMENTS SET FORTH IN SECTION THREE
HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
(B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE REQUIREMENTS OF
SECTION THREE HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
OF A CHILD DAY CARE PROGRAM; AND
(C) ANY OTHER REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
5. OPERATING CERTIFICATES ISSUED UNDER THIS SECTION SHALL REMAIN VALID
UNLESS SURRENDERED BY THE CHILD CARE SUPPORT CENTER OR REVOKED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES MAY REVOKE AN OPERATING CERTIFICATE AT ANY TIME UPON A
DETERMINATION THAT THE CHILD CARE SUPPORT CENTER HAS NOT OPERATED IN
ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW.
6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY AN APPLICA-
TION FOR CERTIFICATION OF A CHILD CARE SUPPORT CENTER IF THE APPLICANT
HAD AN OPERATING CERTIFICATE REVOKED WITHIN THE TWO YEARS PRIOR TO THE
DATE OF APPLICATION.
§ 2. Section 390-b of the social services law is amended by adding a
new subdivision 12 to read as follows:
12. A CHILD CARE SUPPORT CENTER CERTIFIED PURSUANT TO SECTION THREE
HUNDRED NINETY-N OF THIS TITLE SHALL BE AUTHORIZED TO REQUEST CLEARANCES
FOR SUBSTITUTE CAREGIVERS IN ACCORDANCE WITH THIS SECTION. SUBSTITUTE
CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOYEES" OF A CHILD DAY
CARE PROGRAM UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
PART Q
Section 1. Paragraph (e) of subdivision 5 of section 131-a of the
social services law, as added by chapter 1053 of the laws of 1981, is
amended and a new paragraph (f-1) is added to read as follows:
(e) [Provision] PROVISION of allowances as prescribed by regulations
of the department to meet the needs of a pregnant [woman, beginning with
the fourth month of pregnancy which has been medically verified.]
PERSON;
(F-1) A ONE-TIME BENEFIT TO PUBLIC ASSISTANCE RECIPIENTS UPON THE
BIRTH OF A NEW CHILD, AS PRESCRIBED BY REGULATIONS OF THE DEPARTMENT.
S. 3006 43 A. 3006
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART R
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part H of chapter 56 of the laws of 2024, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$181.00] $186.00 for each month beginning on or after
January first, two thousand [twenty-four] TWENTY-FIVE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$208.00] $213.00 for each month beginning on
or after January first, two thousand [twenty-four] TWENTY-FIVE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$249.00] $255.00 for each month
beginning on or after January first, two thousand [twenty-four] TWENTY-
FIVE.
(d) for the period commencing January first, two thousand [twenty-
five] TWENTY-SIX, the monthly personal needs allowance shall be an
amount equal to the sum of the amounts set forth in subparagraphs one
and two of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty-five] TWENTY-SIX, but prior to June thirtieth, two
thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
H of chapter 56 of the laws of 2024, are amended to read as follows:
(a) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living alone, [$1,030.00]
$1,054.00; and for an eligible couple living alone, [$1,519.00]
$1,554.00.
(b) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, for an eligible individual living with others with or with-
out in-kind income, [$966.00] $990.00; and for an eligible couple living
with others with or without in-kind income, [$1,461.00] $1,496.00.
(c) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving family care,
[$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter or Rockland; and (ii) for an eligible couple receiving family care
in the city of New York or the county of Nassau, Suffolk, Westchester or
Rockland, two times the amount set forth in subparagraph (i) of this
paragraph; or (iii) for an eligible individual receiving such care in
any other county in the state, [$1,171.48] $1,195.48; and (iv) for an
eligible couple receiving such care in any other county in the state,
two times the amount set forth in subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving residential care,
[$1,378.00] $1,402.00 if [he or she] SUCH INDIVIDUAL is receiving such
care in the city of New York or the county of Nassau, Suffolk, Westches-
S. 3006 44 A. 3006
ter or Rockland; and (ii) for an eligible couple receiving residential
care in the city of New York or the county of Nassau, Suffolk, Westches-
ter or Rockland, two times the amount set forth in subparagraph (i) of
this paragraph; or (iii) for an eligible individual receiving such care
in any other county in the state, [$1,348.00] $1,372.00; and (iv) for an
eligible couple receiving such care in any other county in the state,
two times the amount set forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-four]
TWENTY-FIVE, (i) for an eligible individual receiving enhanced residen-
tial care, [$1,637.00] $1,661.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-five] TWENTY-
SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
§ 3. This act shall take effect December 31, 2025.
PART S
Section 1. Section 4 of part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, as amended by section 1 of part T of chapter 56 of
the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2025] 2028.
§ 2. This act shall take effect immediately.
PART T
Section 1. Article 19-D of the labor law, as added by chapter 88 of
the laws of 2021, is amended to read as follows:
ARTICLE 19-D
MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
Section 696-a. Definitions.
[696-b. Certification to the commissioner.
696-c.] 696-B. Minimum wage rate for covered airport workers.
[696-d.] 696-C. Commissioner's powers of investigation.
[696-e.] 696-D. Records of employers.
[696-f.] 696-E. Penalties.
[696-g.] 696-F. Civil action.
[696-h.] 696-G. Regulations.
[696-i.] 696-H. Savings clause.
§ 696-a. Definitions. As used in this article: 1. "Covered airport
location" means John F. Kennedy International Airport and LaGuardia
Airport or any location used to perform [airline catering] work [as such
work is described in subparagraph (iv) of paragraph (a) of subdivision
two of this section] RELATED TO THE PREPARATION OR DELIVERY OF FOOD FOR
S. 3006 45 A. 3006
CONSUMPTION ON AIRPLANES DEPARTING FROM JOHN F. KENNEDY INTERNATIONAL
AIRPORT OR LAGUARDIA AIRPORT.
2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location [provided at least one-half of the
employee's time during any workweek is performed at a covered airport
location and who works in one of the following covered categories:
(i) Cleaning and related services, which shall mean:
(1) building cleaning, including warehouse, kitchen, and terminal
cleaning, including common areas, gateways, gates, lounges, clubs,
concession areas, terminal entryways from ramp and where planes park at
the gate, and other nearby facilities used for the preparation, packag-
ing, and storage of inflight meals and supplies; and
(2) aircraft and cabin cleaning, including lavatory and water disposal
and replenishment, lift truck driving and helping, dispatching, cleaning
crew driving, and sorting and packing of inflight materials, such as
blankets, pillows, and magazines;
(ii) Security related services, including catering security, escort-
ing, escort security, passenger aircraft security, fire guarding, termi-
nal security, baggage security, traffic security, cargo screening,
including guarding, warehouse security, concessions and airport lounge
security, security dispatch, and security at nearby facilities used for
the preparation, packaging, and storage of inflight meals; or
(iii) In terminal and passenger handling services, including baggage
handling, sky cap services, wheelchair attending, wheelchair dispatch-
ing, customer and passenger services, line queue, identification check-
ing, porter services for baggage, and passenger and employee shuttle
driving.
(iv) Airline catering, including work related to the preparation or
delivery of food or beverage for consumption on airplanes departing from
a covered airport location or related location; or
(v) Airport lounge services, including food and retail services].
(b) "Covered airport worker" shall not include [anyone who works in
one of the following non-covered categories:
(i) Non-cleaning and security related cargo and ramp services, includ-
ing ramp baggage and cargo handling, load control and ramp communi-
cation, aircraft mechanics and fueling of aircraft, provision of cool-
ing, heating, and power, passenger aircraft servicing, cabin equipment
maintenance, guiding aircraft in and out of gates, and gate side
aircraft maintenance;
(ii) Ramp and tarmac maintenance services, including operation of snow
plows, ramp cleaning vehicles, and tarmac sweepers;
(iii) Concession services, including food service, which includes food
and beverage service, wait service, and cashiers, and retail service,
which includes news, and gifts, and duty-free;
(c) "Covered airport worker" shall not include direct employees of the
Port Authority of New York and New Jersey, or any workers hired by
companies contracted by the Port Authority of New York and New Jersey,
that are performing work under such contract] PERSONS EMPLOYED IN AN
EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY AS DEFINED IN
SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR LABOR
STANDARDS ACT OF 1938 (29 U.S.C. S.213 ET SEQ.), OR PERSONS EMPLOYED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ANY OTHER GOVERNMENTAL
AGENCY.
[(d)] (C) "Covered airport worker" shall [include only:
S. 3006 46 A. 3006
(i) Employees employed at a covered airport location on December thir-
tieth, two thousand twenty and who are working an average of at least
thirty hours per week; and
(ii) Employees employed at a covered airport location on or after
January first, two thousand twenty-three and who are working for an
average of thirty hours per week.
(e) "Covered airport worker" shall also not include persons employed
in an executive, administrative, or professional capacity as defined in
subparagraph one of paragraph (a) of section thirteen of the Fair Labor
Standards Act of 1938] FOR ANY WEEK, NOT INCLUDE AN EMPLOYEE WORKING AT
A COVERED AIRPORT LOCATION DURING THAT WEEK, FOR LESS THAN THIRTY HOURS.
3. "Successor airport employer" means any [person who furnishes clean-
ing and related services, security related services, in terminal and
passenger handling services, airline catering, or airport lounge
services] EMPLOYER THAT EMPLOYS COVERED AIRPORT WORKERS WHO PROVIDE
SERVICES at a covered airport location that are substantially similar to
those that were provided by covered airport workers previously employed
by another employer at such covered airport location.
4. "Employer" means any person, corporation, limited liability compa-
ny, or association employing any individual in an occupation, industry,
trade, business or service. The term "employer" shall not include a
governmental agency.
5. [The "standard wage rate" means the greater of:
(a) any minimum wage rate that would be otherwise applicable to
covered airport workers established by article nineteen of this chapter;
or
(b) any otherwise applicable minimum wage rate established through a
policy of the Port Authority of New York and New Jersey] THE "APPLICABLE
STANDARD RATE" MEANS THE WAGE AND BENEFIT RATES DESIGNATED BY THE
COMMISSIONER BASED ON THE DETERMINATIONS MADE BY THE GENERAL SERVICES
ADMINISTRATION PURSUANT TO THE FEDERAL MCNAMARA-O'HARA SERVICE CONTRACT
ACT OF 1965 (41 U.S.C. 6701 ET SEQ.), FOR THE APPROPRIATE LOCALITIES AND
CLASSIFICATIONS OF BUILDING SERVICE EMPLOYEES; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE PREVAILING WAGE RATE APPLICABLE TO A COVERED
AIRPORT WORKER ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND
EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
(A) ANY OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
REGULATION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
(B) AN AMOUNT OF SUPPLEMENTAL WAGES OR A SUPPLEMENTAL HEALTHCARE
CONTRIBUTION EQUAL TO THE RATE FOR HEALTH AND WELFARE FOR ALL OCCUPA-
TIONS, DESIGNATED BY THE COMMISSIONER BASED ON THE DETERMINATIONS MADE
BY THE FEDERAL DEPARTMENT OF LABOR PURSUANT TO THE MCNAMARA-O'HARA
SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
REGION IN WHICH THE COVERED AIRPORT LOCATION IS SITUATED AND IN EFFECT
ON THE DATE OF THE DESIGNATION BY THE COMMISSIONER; AND
(C) PAID LEAVE EQUAL TO THE PAID LEAVE REQUIREMENTS DESIGNATED BY THE
COMMISSIONER THE IMMEDIATELY PRECEDING JANUARY FIRST, BASED ON THE
DETERMINATIONS MADE BY THE GENERAL SERVICES ADMINISTRATION PURSUANT TO
THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET
SEQ.).
6. [The "standard benefits supplement rate" means an hourly supplement
of four dollars and fifty-four cents furnished to an employee by provid-
ing at least four dollars and fifty-four cents per hour toward the cost
of minimum essential coverage under an eligible employer-sponsored plan
as defined in treasury regulation section 1.5000A-2(c)(1) beginning on
July first, two thousand twenty-one. The standard benefits supplement
S. 3006 47 A. 3006
rate shall apply only to the first forty hours worked by each covered
airport worker in each week and shall not apply to any overtime hours
worked by any covered airport worker. The standard benefits supplement
rate shall apply to any paid leave taken by a covered airport worker
that does not exceed forty hours in a week] "COMMISSIONER" MEANS THE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK.
[7. The "applicable standard rate" shall mean a combination of (a) the
standard wage rate; and (b) the standard benefits supplemental rate.
§ 696-b. Certification to the commissioner. 1. No later than March
thirty-first, two thousand twenty-one, each employer of a covered
airport worker shall submit to the commissioner a sworn statement certi-
fying the total number of workers employed by such employer at a covered
airport location to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location on
December thirtieth, two thousand twenty, and identifying the number that
is equal to eighty percent of such total number of employees, which
shall be the December thirtieth, two thousand twenty benchmark for the
purposes of this section. Such statement shall further include an affir-
mation that such employer will ensure that the number of covered airport
workers it employs at a covered airport location between July first, two
thousand twenty-one and December thirty-first, two thousand twenty-two
is no less than the December thirtieth, two thousand twenty benchmark.
Such sworn statement shall be provided by the commissioner upon request
by any airport worker performing cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location or
any representative of such airport workers. Prior to employing any
airport workers to perform cleaning and related services, security
related services, in terminal and passenger handling services, airline
catering, or airport lounge services, at a covered airport location, any
successor airport employer shall obtain the applicable December thirti-
eth, two thousand twenty benchmark from the commissioner and submit to
the commissioner an affirmation that such employer will ensure that the
number of covered airport workers it employs at a covered airport
location between July first, two thousand twenty-one and December thir-
ty-first, two thousand twenty-two is no less than the December thirti-
eth, two thousand twenty benchmark.
2. Each employer of any covered airport worker employed at a covered
airport location on or after January first, two thousand twenty-three
shall submit to the commissioner, in a form and manner proscribed by the
commissioner, a sworn statement affirming that such employer will
ensure, where applicable, that the proportion of covered airport workers
in each classification it employs to work an average of at least thirty
hours per week at a covered airport location is the same as such propor-
tion was compared to all workers in the same classification working at
such covered airport location in the calendar year two thousand nineteen
workforce. The commissioner shall publish a list of all covered classi-
fications with the corresponding proportions of all workers employed to
work an average of at least thirty hours a week compared to all workers
in the same classification employed to work at each covered airport
location in the calendar year two thousand nineteen. The commissioner
shall be empowered to promulgate rules or regulations to determine the
method and accounting for such information and to verify its accuracy,
including the ability to establish a presumed proportion where records
are missing or unavailable and provided further that such full-time
S. 3006 48 A. 3006
levels shall be no less than such December thirtieth, two thousand twen-
ty benchmark. If such proportion is not maintained, consistent with such
rules or regulations promulgated by the commissioner, then the hours
worked by such part time workers, which are outside of such proportion,
shall be subject to the provisions of this section as if they worked an
average of at least thirty hours per week at a covered airport location
and were otherwise a covered airport worker.
3. Each employer of a covered airport worker employed at a covered
airport location on December thirtieth, two thousand twenty and who is
working an average of at least thirty hours per week shall provide such
covered airport worker the ability to begin or change enrollment in an
eligible employer-sponsored plan as defined in treasury regulation
section 1.5000A-2(c)(1) for coverage beginning on July first, two thou-
sand twenty-one.
4. Each employer of any other covered airport worker at a covered
airport location shall provide such covered airport worker the ability
to begin or change enrollment in an eligible employer-sponsored plan as
defined in treasury regulation section 1.5000A-2(c)(1) for coverage
beginning no later than thirty days after becoming a covered airport
worker.]
§ [696-c.] 696-B. Minimum wage rate for covered airport workers. All
[covered] employers AT A COVERED AIRPORT LOCATION shall ensure that
every covered airport worker is compensated at a rate that is no less
than the applicable standard rate. Nothing in this article shall alter
or limit any employer's obligation to pay any otherwise applicable
prevailing wage under article eight or nine of this chapter.
§ [696-d.] 696-C. Commissioner's powers of investigation. The commis-
sioner or [his or her] SUCH COMMISSIONER'S authorized representative
shall have the power to:
1. investigate the compensation of covered airport workers in the
state;
2. enter the place of business or employment of any employer for the
purpose of (a) examining and inspecting any and all books, registers,
payrolls, and other records that in any way relate to or have a bearing
upon the compensation provided to, or the hours worked by any employees,
and (b) ascertaining whether the provisions of this article and the
rules and regulations promulgated hereunder are being complied with; and
3. require from any employer full and correct statements and reports
in writing, at such times as the commissioner may deem necessary, of the
compensation provided to and the hours by such employer's employees.
§ [696-e.] 696-D. Records of employers. For every employee covered by
this article, every employer shall establish, maintain, and preserve for
not less than six years contemporaneous, true, and accurate payroll
records showing for each week worked the hours worked, the compensation
provided, plus such other information as the commissioner deems material
and necessary. For all covered airport workers who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by law, rule, or regulation, the payroll
records shall include the compensation provided and the regular hourly
rate or rates of pay, the overtime rate or rates of pay, the number of
regular hours worked, the number of overtime hours worked and the cost
of benefits and/or benefit supplements. On demand, the employer shall
furnish to the commissioner or [his or her] SUCH COMMISSIONER'S duly
authorized representative a sworn statement of the hours worked, rate or
rates of compensation, for each covered airport worker, plus such other
information as the commissioner deems material and necessary. Every
S. 3006 49 A. 3006
employer shall keep such records open to inspection by the commissioner
or [his or her] SUCH COMMISSIONER'S duly authorized representative at
any reasonable time. Every employer of a covered airport worker shall
keep a digest and summary of this article which shall be prepared by the
commissioner, posted in a conspicuous place in [his or her] THEIR estab-
lishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or [his or her] SUCH COMMISSIONER'S duly authorized
representative to question without interference any employee of such
employer in a private location at the place of employment and during
working hours in respect to the wages paid to and the hours worked by
such employee or other employees.
§ [696-f.] 696-E. Penalties. 1. If the commissioner finds that any
employer has violated any provision of this article or of a rule or
regulation promulgated thereunder, the commissioner may, after an oppor-
tunity for a hearing, and by an order which shall describe particularly
the nature of the violation, assess the employer a civil penalty of not
more than ten thousand dollars for the first such violation within six
years, not more than twenty thousand dollars for a second violation
within six years and not more than fifty thousand dollars for a third or
subsequent violation within six years. Such penalty shall be paid to the
commissioner for deposit in the treasury of the state. In assessing the
amount of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith [of the employer]
BASIS OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH
THE LAW, the gravity of the violation, the history of previous
violations and the failure to comply with record-keeping or other
requirements.
2. Any order issued under subdivision one of this section shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless the employer files a petition with the indus-
trial board of appeals for a review of the order, pursuant to section
one hundred one of this chapter.
3. The civil penalty provided for in this section shall be in addition
to and may be imposed concurrently with any other remedy or penalty
provided for in this chapter.
4. Upon a showing by an employee organization, the commissioner may
investigate by examining payroll records whether an employer withheld
hours of work to employees for the purpose of reducing the employer's
obligations under this article. If, after the opportunity for a hearing,
the commissioner determines that an employer withheld hours of work to
employees for the purpose of reducing the employer's obligations under
this article, the commissioner may, in addition to any other penalty
available, also require that the employer pay the [standard benefits
supplement] APPLICABLE STANDARD rate to all of the employer's employees,
regardless of the number of hours worked by the employees.
§ [696-g.] 696-F. Civil action. 1. On behalf of any employee paid
less than the applicable standard rate to which the employee is entitled
under the provisions of this article, the commissioner may bring any
legal action necessary, including administrative action, to collect such
claim, and the employer shall be required to pay the full amount of the
underpayment, plus costs, and unless the employer proves a good faith
basis to believe that its underpayment was in compliance with the law,
an additional amount as liquidated damages. Liquidated damages shall be
S. 3006 50 A. 3006
calculated by the commissioner as no more than one hundred percent of
the total amount of underpayments found to be due the employee. In any
action brought by the commissioner in a court of competent jurisdiction,
liquidated damages shall be calculated as an amount equal to one hundred
percent of underpayments found to be due the employee.
2. Notwithstanding any other provision of law, an action to recover
upon a liability imposed by this article must be commenced within six
years. The statute of limitations shall be tolled from the date an
employee files a complaint with the commissioner or the commissioner
commences an investigation, whichever is earlier, until an order to
comply issued by the commissioner becomes final, or where the commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded.
3. In any civil action by the commissioner, the commissioner shall
have the right to collect attorneys' fees and costs incurred in enforc-
ing any court judgment. Any judgment or court order awarding remedies
under this section shall provide that if any amounts remain unpaid upon
the expiration of ninety days following issuance of judgment, or ninety
days after expiration of the time to appeal and no appeal therefrom is
then pending, whichever is later, the total amount of judgment shall
automatically increase by fifteen percent.
§ [696-h.] 696-G. Regulations. [1.] The commissioner may promulgate
such regulations as [he or she] SUCH COMMISSIONER deems appropriate to
carry out the purposes of this article and to safeguard minimum compen-
sation standards.
§ [696-i.] 696-H. Savings clause. 1. If any provision of this article
or the application thereof to any person, occupation or circumstance is
held invalid, the remainder of the article and the application of such
provision to other persons, employees, occupations, or circumstances
shall not be affected thereby.
2. If any clause, sentence, paragraph, subdivision, section or part of
this article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this article would have been enacted even if such invalid provisions had
not been included herein.
[3. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged, whether by final judgment, a tempo-
rary restraining order, or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law, then the "stand-
ard benefits supplement rate" defined in subdivision six of section six
hundred ninety-six-a of this article shall immediately mean the follow-
ing:
(a) An hourly supplement of four dollars and fifty-four cents
furnished to an employee by providing at least four dollars and fifty-
four cents per hour beginning on July first, two thousand twenty-one in
one of the following ways: (i) in the form of health and/or other bene-
fits, not including paid leave, that cost the employer the entire
required hourly supplemental amount; (ii) by providing a portion of the
required hourly supplement in the form of health and/or other benefits,
not including paid leave, and the balance in cash; or (iii) by providing
the entire supplement in cash.
S. 3006 51 A. 3006
(b) The value of such supplement shall be no less than four dollars
and fifty-four cents per hour.
(c) The standard benefits supplement rate shall apply only to the
first forty hours worked by each covered airport worker in each week and
shall not apply to any overtime hours worked by any covered airport
worker.
(d) The standard benefits supplement rate shall apply to any paid
leave taken by a covered airport worker that does not exceed forty hours
in a week.
4. If section six hundred ninety-six-a, section six hundred ninety-
six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged by any preliminary relief, including a
temporary restraining order or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law but is later
adjudged by the same court not to be preempted by federal law in a final
judgment, then the definition of "standard benefits supplement rate"
shall immediately revert to the definition stated in subdivision six of
section six hundred ninety-six-a of this article.]
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART U
Section 1. Subdivision 1-a of section 198 of the labor law, as amended
by chapter 362 of the laws of 2015, is amended to read as follows:
1-a. On behalf of any employee paid less than the wage to which [he or
she is] THEY ARE entitled under the provisions of this article, the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim and as part of such legal action, in
addition to any other remedies and penalties otherwise available under
this article, the commissioner shall assess against the employer the
full amount of any such underpayment, and an additional amount as liqui-
dated damages, unless the employer proves a good faith basis for believ-
ing that its underpayment of wages was in compliance with the law.
Liquidated damages shall be calculated by the commissioner as no more
than one hundred percent of the total amount of wages found to be due,
except such liquidated damages may be up to three hundred percent of the
total amount of the wages found to be due for a willful violation of
section one hundred ninety-four of this article. In any action insti-
tuted in the courts upon a wage claim by an employee or the commissioner
in which the employee prevails, the court shall allow such employee to
recover the full amount of any underpayment, all reasonable attorney's
fees, prejudgment interest as required under the civil practice law and
rules, and, unless the employer proves a good faith basis to believe
that its underpayment of wages was in compliance with the law, an addi-
tional amount as liquidated damages equal to one hundred percent of the
total amount of the wages found to be due, except such liquidated
damages may be up to three hundred percent of the total amount of the
wages found to be due for a willful violation of section one hundred
ninety-four of this article. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, LIQUIDATED DAMAGES SHALL NOT BE APPLICABLE TO VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE WHERE THE EMPLOYER PAID THE EMPLOYEE WAGES ON A REGULAR PAYDAY,
NO LESS FREQUENTLY THAN SEMI-MONTHLY. SUCH VIOLATIONS SHALL BE SUBJECT
TO DAMAGES AS FOLLOWS:
S. 3006 52 A. 3006
(I) NO MORE THAN ONE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE
DUE FOR THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST
RATE FOR EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST
THEN IN EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR THE
EMPLOYER'S FIRST VIOLATION; OR
(II) THREE HUNDRED PERCENT OF THE LOST INTEREST FOUND TO BE DUE FOR
THE DELAYED PAYMENT OF WAGES CALCULATED USING A DAILY INTEREST RATE FOR
EACH DAY PAYMENT IS LATE BASED ON THE ANNUAL RATE OF INTEREST THEN IN
EFFECT, AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSU-
ANT TO SECTION FOURTEEN-A OF THE BANKING LAW FOR ANY EMPLOYER SUBJECT TO
A PREVIOUS FINDING AND ORDER FOR SUCH VIOLATION OF PARAGRAPH A OF SUBDI-
VISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR WHICH
NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS
CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL
HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE SAME WORK; OR
(III) FOR CONDUCT OCCURRING AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH, LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT OF THE TOTAL
AMOUNT OF WAGES FOUND TO BE DUE IN VIOLATION OF PARAGRAPH A OF SUBDIVI-
SION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE FOR ANY
EMPLOYER WHO, AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, HAS BEEN
SUBJECT TO TWO OR MORE PREVIOUS FINDINGS AND ORDERS FOR VIOLATIONS OF
PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF THIS
ARTICLE FOR WHICH NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW AS
PROVIDED IN THIS CHAPTER IS PENDING AND THE TIME FOR INITIATION OF SUCH
PROCEEDING SHALL HAVE EXPIRED AND RELATING TO EMPLOYEES PERFORMING THE
SAME WORK.
FOR PURPOSES OF THIS SUBDIVISION, AN ORDER SHALL MEAN A SINGLE FINAL
ORDER OR DETERMINATION MADE BY THE COMMISSIONER OR A COURT OF COMPETENT
JURISDICTION, REGARDLESS OF THE NUMBER OF EMPLOYEES OR THE TIME PERIOD
THAT WAS SUBJECT TO SUCH ORDER.
§ 2. This act shall take effect immediately and shall apply to causes
of action pending or commenced on or after such date.
PART V
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THE COMMISSIONER SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS
OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDI-
TIONALLY, AT the request of an employee, the commissioner shall assign,
without consideration or liability, that portion of the filed order that
constitutes wages, wage supplements, interest on wages or wage supple-
ments, or liquidated damages due that employee, to that employee and may
S. 3006 53 A. 3006
file an assignment or order in that amount in the name of that employee
with the county clerk of the county where the employer resides or has a
place of business. The filing of such assignment, order or decision
shall have the full force and effect of a judgment duly docketed in the
office of such clerk. The assignment[, order or decision] may be
enforced [by and in the name of the commissioner, or] by the employee[,]
in the same manner, and with like effect, as that prescribed by the
civil practice law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE COMMISSIONER'S OFFICIAL SEAL,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
S. 3006 54 A. 3006
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THE COMMISSIONER SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employ-
ee, the commissioner shall assign, without consideration or liability,
that portion of the filed order that constitutes wages, wage supple-
ments, interest on wages or wage supplements, or liquidated damages due
the employee, to that employee and may file an assignment or order in
that amount in the name of such employee with the county clerk of the
county where the employer resides or has a place of business. The filing
of such assignment, order or decision shall have the full force and
effect of a judgment duly docketed in the office of such clerk. The
assignment[, order or decision] may be enforced [by and in the name of
the commissioner, or] by the employee[,] in the same manner, and with
like effect, as that prescribed by the civil practice law and rules for
the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THE OFFICIAL SEAL OF THE COMMISSIONER,
DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
SUM TOGETHER WITH INTEREST, PENALTIES, AND THE COST OF EXECUTING THE
WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
THE RECEIPT OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
NAME OF THE EMPLOYER MENTIONED IN THE WARRANT AND THE AMOUNT OF THE
CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE WARRANT IS ISSUED
AND THE DATE WHEN SUCH COPY IS FILED. THEREUPON THE AMOUNT OF SUCH
WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
AND THE SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH THEY MAY
COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
WARRANT.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
S. 3006 55 A. 3006
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. This act shall take effect immediately.
PART W
Section 1. Subdivision 1 of section 141 of the labor law, as amended
by chapter 642 of the laws of 1991, is amended to read as follows:
1. A. If the commissioner finds that an employer has violated any
provision of this article or of a rule or regulation promulgated there-
under, the commissioner may by an order which shall describe particular-
ly the nature of the violation, assess the employer a civil penalty of
not more than [one] TEN thousand dollars for the first such violation,
AT LEAST TWO THOUSAND BUT not more than [two] THIRTY thousand dollars
for a second violation, and AT LEAST TEN THOUSAND BUT not more than
[three] SEVENTY-FIVE thousand dollars for a third or subsequent
violation. Such penalty shall be paid to the commissioner for deposit in
the treasury of the state. In assessing the amount of the penalty, the
commissioner shall give due consideration to the size of the employer's
business, the good faith of the employer TO BELIEVE THAT ITS CONDUCT WAS
IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
previous violations and the failure to comply with record-keeping or
other requirements, provided, however, that where such violation
involves illegal employment during which a minor is seriously injured or
dies, such penalty shall be [treble the maximum penalty allowable under
the law for such violation] AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE
THAN THIRTY THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, AT LEAST SIX
THOUSAND BUT NOT MORE THAN NINETY THOUSAND DOLLARS FOR THE SECOND
VIOLATION, AND AT LEAST THIRTY THOUSAND DOLLARS BUT NOT MORE THAN TWO
HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE THIRD OR SUBSEQUENT
VIOLATION. For the purposes of this subdivision, a minor shall be
deemed to be seriously injured if such injury results in a permanent
partial or permanent total disability as determined by the workers'
compensation board.
B. THE DEPARTMENT MAY, AT THE DISCRETION OF THE COMMISSIONER, REDUCE
THE PENALTY FOR A VIOLATION WHEN SUCH VIOLATION DOES NOT RISK THE SAFETY
OR HEALTH OF THE EMPLOYED MINOR. REDUCTION OF THE PENALTY MAY APPLY IF
AN EMPLOYER AGREES TO:
(1) MAKE IMMEDIATE PAYMENT OF REDUCED PENALTY;
(2) HAVE MANAGEMENT COMPLETE A CHILD LABOR COMPLIANCE TRAINING
PREPARED BY THE DEPARTMENT;
(3) PROVIDE ITS EMPLOYEES WITH CHILD LABOR RESOURCES AND INFORMATION
AS SPECIFIED AND DIRECTED BY THE DEPARTMENT;
(4) SUBMIT A CERTIFIED STATEMENT THAT THE EMPLOYER WILL ONLY HIRE,
EMPLOY OR OTHERWISE PERMIT MINORS TO WORK IN POSITIONS AS PERMITTED BY
LAW, RULE OR REGULATION;
(5) DEVELOP AND SUBMIT A PLAN TO PREVENT FUTURE CHILD LABOR LAW
VIOLATIONS; AND
(6) SUBMIT RECORDS OVER A SUBSEQUENT TWELVE MONTH PERIOD AS REQUIRED
BY THE DEPARTMENT TO PROPERLY DEMONSTRATE THAT NO ADDITIONAL VIOLATIONS
OF THE CHILD LABOR PROVISIONS HAVE OCCURRED.
§ 2. Section 145 of the labor law, as added by chapter 660 of the laws
of 2005, is amended to read as follows:
S. 3006 56 A. 3006
§ 145. Criminal penalties. Any person who knowingly violates any
provision of this article and any officer or agent of a corporation who
knowingly permits the corporation to violate any such provisions shall
be guilty of a [misdemeanor] FELONY, and upon conviction therefor shall
be punished by a fine of not more than [five hundred] ONE THOUSAND
dollars or imprisonment for not more than [sixty days] ONE YEAR or by
both such fine and imprisonment for a first offense, or by a fine of not
more than [five] TEN thousand dollars or imprisonment for not more than
[one year] TWO YEARS, or by both such fine and imprisonment for a second
or subsequent offense.
§ 3. The penal law is amended by adding a new section 125.10-a to read
as follows:
§ 125.10-A CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER,
WHEN ACTING AS THE EMPLOYER OF A CHILD UNDER THE AGE OF EIGHTEEN YEARS
OLD, WITH CRIMINAL NEGLIGENCE, SUCH PERSON CAUSES THE DEATH OF THE CHILD
IN THE COURSE OF THE EMPLOYMENT. FOR THE PURPOSES OF THIS SECTION, THE
PHRASE "ACTING AS THE EMPLOYER OF A CHILD", SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSTANCES WHERE THE DEFENDANT HAS EMPLOYED A CHILD IN
VIOLATION OF SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE
HUNDRED THIRTY-TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW.
CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER IS A CLASS D FELONY.
§ 4. The penal law is amended by adding a new section 260.12 to read
as follows:
§ 260.12 ENDANGERING THE WELFARE OF A CHILD WORKER.
A PERSON IS GUILTY OF CRIMINALLY ENDANGERING THE WELFARE OF A CHILD
WORKER WHEN SUCH PERSON KNOWINGLY EMPLOYS A CHILD IN VIOLATION OF
SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-
TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW, AND IN THE COURSE OF
THAT EMPLOYMENT THE CHILD SUFFERS PHYSICAL INJURY, SERIOUS PHYSICAL
INJURY, OR DEATH.
ENDANGERING THE WELFARE OF A CHILD WORKER IS A CLASS E FELONY.
§ 5. This act shall take effect immediately.
PART X
Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
§ 2. The labor law is amended by adding a new section 135 to read as
follows:
§ 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
EMPLOYMENT CERTIFICATES. 1. CREATION OF DATABASE. THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
A DATABASE FOR THE EMPLOYMENT OF MINORS. ALL INFORMATION PERTAINING TO
ANY EMPLOYER OR MINOR THAT IS SUBMITTED TO THE DEPARTMENT UNDER THIS
SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC.
NOTHING HEREIN SHALL PREVENT THE COMMISSIONER FROM SHARING SUCH INFORMA-
TION FOR CIVIL OR CRIMINAL LAW ENFORCEMENT PURPOSES.
2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
BE REGISTERED UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL INFOR-
MATION THAT THE DEPARTMENT MAY REQUIRE, IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ALSO SET FEES FOR
EMPLOYER REGISTRATION AND ANY RENEWAL THAT MAY BE REQUIRED BY THE
DEPARTMENT UNDER THIS SECTION.
3. EMPLOYER INFORMATION. EVERY EMPLOYER THAT HIRES, EMPLOYS, OR OTHER-
WISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO WORK FOR THE EMPLOY-
S. 3006 57 A. 3006
ER WITHIN THE STATE SHALL REGISTER IN THE DATABASE, IN THE FORM AND
MANNER PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
(A) THE NAME OF THE EMPLOYER;
(B) THE EMAIL ADDRESS OF THE EMPLOYER;
(C) ANY LOCATION OF THE EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
(D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR OTHER-
WISE PERMITTED TO WORK FOR THE EMPLOYER;
(E) A CERTIFIED STATEMENT FROM THE EMPLOYER THAT THE EMPLOYER IS
HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN POSI-
TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
(F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
4. EMPLOYER RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS, FILE AT THE
PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
THAT IT MAY BE READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO SUCH EMPLOY-
MENT CERTIFICATE OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
OF THIS SUBDIVISION.
5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN WHO PLANS
TO WORK FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT. ALL INFORMA-
TION PERTAINING TO THE MINOR SHALL BE CONFIDENTIAL AND SHALL NOT BE
ACCESSIBLE BY THE PUBLIC. IF THE MINOR PLANS TO WORK FOR A DIFFERENT
EMPLOYER, OR FOR AN EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE
MINOR FIRST REGISTERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION.
THE MINOR SHALL BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION IN
THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
6. ISSUANCE OF EMPLOYMENT CERTIFICATE OR PERMIT. ANY EMPLOYMENT
CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE
OF THE EDUCATION LAW SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE.
ANY APPLICATION FOR AN EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE
PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE
MADE BY A MINOR ON A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION
AND APPROVED BY THE DEPARTMENT.
7. REGULATIONS. THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 3. Subdivision 3 of section 3215-a of the education law, as amended
by chapter 1017 of the laws of 1971, is amended to read as follows:
3. Approval of form and contents. The commissioner of education shall
prescribe or approve the form and contents of all certificates, permits,
physical examination records, and schooling records required by part one
of this article. The form of such certificates and permits shall also be
subject to the approval of the [industrial] commissioner OF LABOR. ANY
EMPLOYMENT CERTIFICATE OR PERMIT ISSUED PURSUANT TO THIS PART SHALL BE
ISSUED ELECTRONICALLY WITHIN THE DATABASE CREATED AND MAINTAINED BY THE
DEPARTMENT OF LABOR, IN CONSULTATION WITH THE DEPARTMENT, PURSUANT TO
SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
§ 4. This act shall take effect two years after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
PART Y
S. 3006 58 A. 3006
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs
(a), (b) and (c) of subdivision 2 of section 26 of the veterans'
services law are amended to read as follows:
(a) A parent, [identified in 10 USC 1126 as a gold star parent,]
SPOUSE, OR MINOR CHILD of a [veteran] SERVICE MEMBER who [heretofore has
died or a parent of a veteran dying hereafter] DIED WHILE ON ACTIVE
DUTY, shall upon application to the state commissioner, be paid an annu-
al annuity out of the treasury of the state for the sum of five hundred
dollars for such term as such parent, SPOUSE, OR MINOR CHILD shall be
entitled thereto under the provisions of this article. Commencing in the
year two thousand nineteen, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. The commissioner of veterans' services, not later
than February first of each year, shall publish by any reasonable means,
including but not limited to posting on the department's website, the
amount of the annuity as adjusted payable under this section. The term
"parent" for the purposes of this section includes mother, father, step-
mother, stepfather, mother through adoption and father through adoption.
THE TERM "SPOUSE" FOR THE PURPOSES OF THIS SECTION INCLUDES NON-REMAR-
RIED SPOUSES AND REMARRIED SPOUSES. THE TERM "MINOR CHILD" FOR THE
PURPOSES OF THIS SECTION INCLUDES MINOR BIOLOGICAL, STEP, OR ADOPTED
CHILDREN, THROUGH THE DAY BEFORE THE CHILD'S EIGHTEENTH BIRTHDAY.
(b) The entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
the annuity provided by paragraph (a) of this subdivision shall termi-
nate upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S ceasing
to continue to be a resident of and domiciled in the state of New York,
but such entitlement may be reinstated upon application to the state
commissioner, if such parent, SPOUSE, OR MINOR CHILD shall thereafter
resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S residence
and domicile in the state.
(c) The effective date of an award of the annuity to a parent, SPOUSE,
OR MINOR CHILD shall be the day after the date of death of the veteran
if the application therefor is received within one year from date of
death. If the application is received after the expiration of the first
year following the date of the death of the veteran, the effective date
of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be
the date of receipt of the application by the state commissioner. If the
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(a) Any gold star parent, SPOUSE, OR MINOR CHILD, who is the parent,
SPOUSE, OR MINOR CHILD of a deceased veteran, and who is a resident of
and domiciled in the state of New York, shall make application to the
department.
(b) No entitlement shall be paid under this section to or for a gold
star parent, SPOUSE, OR MINOR CHILD who is in prison in a federal,
state, or local penal institution as a result of conviction of a felony
or misdemeanor for any part of the period beginning sixty-one days after
S. 3006 59 A. 3006
[his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S imprisonment
begins and ending with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR
CHILD'S release.
(c) Where one or more gold star parents OR MINOR CHILDREN are disqual-
ified for the annuity for a period under paragraph (b) of this subdivi-
sion, the state commissioner shall pay the shares of such disqualified
parents to the other parents OR MINOR CHILDREN, if they meet the quali-
fications on their own.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 1 of section 297 of the executive law, as
amended by chapter 304 of the laws of 2021, is amended to read as
follows:
1. Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by [himself or herself] SUCH PERSON or [his or her] SUCH
PERSON'S attorney-at-law, make, sign and file with the division a
complaint in writing under oath or by declaration which shall state the
name and address of the person alleged to have committed the unlawful
discriminatory practice complained of and which shall set forth the
particulars thereof and contain such other information as may be
required by the division. THE DIVISION MAY DESIGNATE A REQUIRED FORM
AND PROCEDURES FOR MAKING, SIGNING, AND FILING SUCH COMPLAINT. The
commissioner of labor or the attorney general, or the executive director
of the justice center for the protection of people with special needs,
or the division on its own motion may, in like manner, make, sign and
file such complaint. In connection with the filing of such complaint,
the attorney general is authorized to take proof, issue subpoenas and
administer oaths in the manner provided in the civil practice law and
rules. Any employer whose employees, or some of them, refuse or threaten
to refuse to cooperate with the provisions of this article, may file
with the division a verified complaint asking for assistance by concil-
iation or other remedial action.
§ 2. Paragraph c of subdivision 3 of section 297 of the executive law,
as amended by chapter 166 of the laws of 2000, is amended to read as
follows:
c. If the division finds that noticing the complaint for hearing would
be undesirable, the division may, in its unreviewable discretion, at any
time prior to a hearing before a hearing examiner, dismiss the complaint
on the grounds of administrative convenience. [However, in cases of
housing discrimination only, an administrative convenience dismissal
will not be rendered without the consent of the complainant.] The divi-
sion may, subject to judicial review, dismiss the complaint on the
grounds of untimeliness if the complaint is untimely or on the grounds
that the election of remedies is annulled.
§ 3. The state finance law is amended by adding a new section 80-b to
read as follows:
§ 80-B. DISCRIMINATION COMPLAINTS ESCROW FUND. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRARY,
THERE IS HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE DIVISION OF HUMAN
RIGHTS COMMISSIONER A TRUST AND AGENCY FUND, TO BE KNOWN AS THE
"DISCRIMINATION COMPLAINTS ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT
FISCAL YEAR LIMITATION.
2. THE DISCRIMINATION COMPLAINTS ESCROW FUND SHALL CONSIST OF CONCIL-
IATION FUNDS, SETTLEMENT FUNDS, AND ANY OTHER MONETARY AWARDS THE DIVI-
S. 3006 60 A. 3006
SION OF HUMAN RIGHTS RECEIVES FROM DISCRIMINATION COMPLAINT RESPONDENTS
FOR THE SOLE PURPOSE OF COMPENSATING THE CORRESPONDING COMPLAINANTS.
3. THE DIVISION OF HUMAN RIGHTS COMMISSIONER, OR SUCH COMMISSIONER'S
DESIGNEE, SHALL ONLY EXPEND DISCRIMINATION COMPLAINTS ESCROW FUND MONIES
FOR THE PURPOSES OF COMPENSATING A COMPLAINANT WHOSE CONCILIATION,
SETTLEMENT, OR AWARD MONIES WERE DEPOSITED INTO THE ESCROW FUND.
§ 4. Section 295 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. TO MANAGE THE DISCRIMINATION COMPLAINTS ESCROW FUND, INCLUDING BUT
NOT LIMITED TO AUTHORIZING THE RECEIPT OF FUNDS AND PAYMENT OF MONIES IN
ACCORDANCE WITH SECTION EIGHTY-B OF THE STATE FINANCE LAW.
§ 5. This act shall take effect immediately; provided, however, that
sections three and four of this act shall take effect on the thirtieth
day after it shall have become a law.
PART AA
Section 1. On or before September 1, 2025, the commissioner of educa-
tion shall submit a report to the governor, the speaker of the assembly,
and the temporary president of the senate providing information regard-
ing usage, budgeting, staffing, assets, and functions of the New York
state museum in a form and manner as determined by the director of the
budget. Such report shall include but not be limited to the following
information:
1. Annual statistics for state fiscal years 2004-05 through 2024-25
for the following categories:
(a) visitorship by month;
(b) philanthropic donations, either monetary or in-kind;
(c) school student visitorship;
(d) marketing, advertising, and promotional expenditures;
(e) staffing levels and expenditures for each office of the museum;
(f) capital expenditures;
(g) museum revenue from sources other than state aid; and
(h) balance of total revenues and operating expenses;
2. A summary of current agreements with other cultural institutions
regarding loan or exchange of collections;
3. Current collections on display and length of time on display;
4. Current collections in possession of the museum but not on display;
5. New collections scheduled to go on display in the next five years;
6. A listing of special events, exhibitions, tours, limited or travel-
ing displays, and other events not included in information regarding
normal displayed collections over the prior five years;
7. A listing of any ancillary services provided at the museum, includ-
ing but not limited to food service, retail, or walking tours; and
8. Usage over the prior five years of the state museum collection by
federal agencies, New York state agencies, local governments, and other
governmental entities, whether for display or research purposes.
§ 2. On or before September 1, 2026 and annually thereafter, the
commissioner shall submit a report to the governor, the speaker of the
assembly, and the temporary president of the senate including updated
information from the prior state fiscal year supplementing the informa-
tion provided in the report required by section one of this act.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
S. 3006 61 A. 3006
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through AA of this act shall be
as specifically set forth in the last section of such Parts.
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